S. Marsh & Co. v. Cohen
Supreme Court of North Carolina
Appeal from an order granting a recordari and supersedeas, made by Clarice,,T, at the Fall Term, 1872, of Wayne •Superior Court.
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Appeal from an order granting a recordari and supersedeas, made by Clarice,,T, at the Fall Term, 1872, of Wayne •Superior Court. On the 3d of December, 1872, (the transcript, in several places, says 3d of November — but that is clearly a mistake,) the defendant applied to the Judge of the third Judicial District for a recordari and supersedeas, upon an affidavit in which he stated the following facts, to-wit About the 20th of November, one Robinson, a Justice of the Peace of Wayne county, informed him, that he, the Justice, had given a judgment against him, the defendant, in favor of the…
1Opinion of the CourtRodman, J.
After stating the foregoing facts of the case proceeds:
The exceptions of the plaintiff raise in substance these two questions only.
1. Was the Judge justified by the circumstances presented to him, in ordering a reeordari and supersedeas on the 3d of December ?
2. Did he have the power to approve the undertaking of the Gth December, after it had been disapproved by the-. Clerk, and to make an absolute order upon that officer to is•sue writs of recordari and supersedeas?
1. A recordari is a familiar, substitute for an appeal, when •a party has lost his right to an appeal otherwise than through…
Also in this document: Per curiam.
2Cases cited2 opinions
- Hyman v. . DevereuxSupreme Court of North Carolina · 1871
- Steadman v. JonesSupreme Court of North Carolina · 1871
3Cited by12 opinions
- State v. . JohnsonSupreme Court of North Carolina · 1891
- Bynum v. Board of CommissionersSupreme Court of North Carolina · 1888
- Chester & Lenoir Railroad v. RichardsonSupreme Court of North Carolina · 1880
- Navassa Guano Co. v. BridgersSupreme Court of North Carolina · 1885
- Cushing v. . StyronSupreme Court of North Carolina · 1889
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