Williams v. . Williams
Supreme Court of North Carolina
PbtxtioN to re-bear the action, in the nature of a special proceeding, between the same parties plaintiff and defendants, originally brought in the Probate Court of Pebson county, and heard upon appeal by his Honor, Toubgee, J., at Chambers, June 10th, 1873; from the judgment of the court below, tlie defendant^ appealed, and tlie case was decided in this court at January Term, 1874. (70 N. C. Rep., 665.) Tlie case was again before this court, upon a petition for a…
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PbtxtioN to re-bear the action, in the nature of a special proceeding, between the same parties plaintiff and defendants, originally brought in the Probate Court of Pebson county, and heard upon appeal by his Honor, Toubgee, J., at Chambers, June 10th, 1873; from the judgment of the court below, tlie defendant^ appealed, and tlie case was decided in this court at January Term, 1874. (70 N. C. Rep., 665.) Tlie case was again before this court, upon a petition for a certiorari, granted by Judge Toubgee, and was decided at June Term, 1874. (71 N. C. Rep., 427.) All the facts relating to the case…
1Opinion of the Court
ByNüm, J.
"When this case was first before this court, it was upon the appeal of the defendants from the judgment of the Court of Probate, refusing to re-hear, upon a petition filed there for that purpose. 70 N. C. Rep., 665. It was there held, that where parties to a final judgment fail to appeal by their own default, a re-hearing is not a matter of right, but rests in the sound discretion of the court; and the appeal was dismissed.
The same case was again before .this court by appeal on a petition for a certiorari. 71 N. C. Rep., 427. It was then held: 1st. That no error of law was alleged in…
2Cases cited3 opinions
- Burns v. . Ashworth .Supreme Court of North Carolina · 1875
- Williams v. . WilliamsSupreme Court of North Carolina · 1874
- Williams v. WilliamsSupreme Court of North Carolina · 1874
3Cited by2 opinions
- Durham v. . HamiltonSupreme Court of North Carolina · 1921
- Williams v. . WilliamsSupreme Court of North Carolina · 1878