Carmer v. . Evers
Supreme Court of North Carolina
Motion to docket the case upon the return to a writ of Recordari, heard before Seymour, J., at Spring Terna, 1878, of Wake Superior Court.
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Motion to docket the case upon the return to a writ of Recordari, heard before Seymour, J., at Spring Terna, 1878, of Wake Superior Court. The facts necessary to an understanding of the case are as follows, viz.: On August 27th, 1877, the plaintiff sued out an attachment against E. B. Evers, one of the defendants, and service was made by publication; afterwards M. A. McDonald and the Virginia and North Carolina gas-light company (composed of Evers and McDonald) were made parties to the action by publication. On August 29th the city of Raleigh was garnisheed upon a debt alleged to be due the…
1Opinion of the CourtDillard, J.
On the return of the justice of the peace in answer to the writ of recordari, Plis Honor ordered the cause to be entered on the docket, and from that order the plaintiff appeals and assigns the following errors: 1. Because the writ was not issued to the justice who tried the cause, and there was no record before the court. 2. Because there was no averment in petition of payment of justice’s fees. 3. Because the petitioner did not give the bond required by law. 4. Because the petition disclosed no merits and had not complied with the law.
We think there was no error in His Honor’s ruling as to…
2Cases cited1 opinion
- Swain v. . SmithSupreme Court of North Carolina · 1871
3Cited by2 opinions
- Murphy v. BjelikOregon Supreme Court · 1917
- Baker v. . BelvinSupreme Court of North Carolina · 1898