Skinner v. . Maxwell
Supreme Court of North Carolina
This was an application for a certiorari made before this Court at the present term, as a substitute for an appeal. D. G. Maxwell, the defendant in a suit of Charles Skinner, by his next friend, &c., against him, made affidavit stating, in substance, that a motion was made by plaintiffs counsel in the above stated case, at the recent term of Mecklenburg Superior Court, for the appointment of a receiver.
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This was an application for a certiorari made before this Court at the present term, as a substitute for an appeal. D. G. Maxwell, the defendant in a suit of Charles Skinner, by his next friend, &c., against him, made affidavit stating, in substance, that a motion was made by plaintiffs counsel in the above stated case, at the recent term of Mecklenburg Superior Court, for the appointment of a receiver. This motion was opposed by defendant’s counsel, upon the ground that since the commencement of the suit he had purchased the interest of-plaintiff in the goods in controversy, and was owner of…
1Opinion of the CourtReade, J.
The defendant had the right to appeal from the order appointing a receiver, and if he was deprived of that right without his laches he is entitled to a certiora/ri, as a substitute for an appeal. The question then is, was he deprived of his right of appeal without his laches. The facts are, that he asked for an appeal and his Honor refused to grant it.
O.ur attention was called for the first time to the fact, that a party may appeal without the sanction of the Judge, C. C. P., S. S. 299,.300, 301, 302. We do not mean that we had not before noticed the said sections of the Code, bnt we have had…
2Cited by3 opinions
- Guilford v. . Georgia Co.Supreme Court of North Carolina · 1891
- Graves v. . HinesSupreme Court of North Carolina · 1890
- Wiley v. . LineberrySupreme Court of North Carolina · 1883