Ware v. . Nisbet
Supreme Court of North Carolina
This was a givil action tiled before McKoy, Judge, and a jury, at. Fall Term, 1884, of Rutherford Superior Court. There was a verdict and judgment for the plaintiffs, and the defendants appealed. After the record was docketed in the Supreme Court, after notice, the appellant moved for a certiorari to correct an alleged error in the case on appeal.
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This was a givil action tiled before McKoy, Judge, and a jury, at. Fall Term, 1884, of Rutherford Superior Court. There was a verdict and judgment for the plaintiffs, and the defendants appealed. After the record was docketed in the Supreme Court, after notice, the appellant moved for a certiorari to correct an alleged error in the case on appeal. In support of the motion, the affi-ant filed an affidavit, which alleged in substance, that at the proper time, counsel for the appellant handed to the presiding judge written requests for instructions to the jury. That after His Honor had charged…
1Opinion of the CourtMebjrimoN, J.
The appellant suggests upon affidavit, that the Judge states in the case settled upon appeal by him, that certain special instructions to the jury were withdrawn, whereas in fact they were not withdrawn, and he desires that the Judge shall state the facts from which he inferred such withdrawal, and to that end, he moves that the writ of certiorari be granted to bring up a more perfect statement of the case.
The motion cannot be sustained. It does not appear from the affidavit offered to support it, or otherwise, that, “by inadvertence, mistake, or accidental misapprehension, the presiding…
2Cases cited1 opinion
- Currie v. . ClarkSupreme Court of North Carolina · 1884
3Cited by7 opinions
- State v. . GoochSupreme Court of North Carolina · 1886
- 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
- State v. . SloanSupreme Court of North Carolina · 1887
- Mayo v. . LeggettSupreme Court of North Carolina · 1887
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