McDaniel v. . King
Supreme Court of North Carolina
EjectmeNT tried at Pall Term, 1883, of Jones Superior Court, before Philips, J. The plaintiff excepted to the ruling of the court below, and submitted to a judgment of nonsuit and appealed. The case on appeal states that the same was settled by the judge, in consequence of the fact that the counsel for the respective parties were unable to agree upon a statement.
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EjectmeNT tried at Pall Term, 1883, of Jones Superior Court, before Philips, J. The plaintiff excepted to the ruling of the court below, and submitted to a judgment of nonsuit and appealed. The case on appeal states that the same was settled by the judge, in consequence of the fact that the counsel for the respective parties were unable to agree upon a statement. The motions made by the plaintiff’s counsel, upon the call of the case, which constitute the basis of the decision of this court, are sufficiently set out. in its opinion.
1Opinion of the CourtMekkijioN, J.
The plaintiff suggests to the court, upon affidavit, that the statement of the case as settled upon appeal, for this court, does not correctly set forth the grounds of exception on the part of the appellant to the rulings of the superior court, and moves first, that for that cause, a now trial be granted; or, if that may not be done, then, secondly, that the writ of mandamus issue to the judge of the superior court, commanding him to certify the statement of the case, correctly settled, to this court.
This court must, and can only be governed by the record, as it comes duly certified from the…
2Cited by12 opinions
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- State v. . DebnamSupreme Court of North Carolina · 1887
- People Ex Rel. Attorney General Ex Rel. Boyer v. TeagueSupreme Court of North Carolina · 1890
- Porter v. Western North Carolina RailroadSupreme Court of North Carolina · 1887
- Cheek v. . WatsonSupreme Court of North Carolina · 1884
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