Cowles v. . Hayes
Supreme Court of North Carolina
Recordari heard before Mitchell, J, at Spring Term, 1812, of the Superior Court of Iredell. The plaintiff brought an action as administrator of James Howard, against the defendants, before a Justice of the Peace, to recover $156.65, alleged to be due by note given at the sale of the intestate’s property in the Spring of 1865, before the end of the war.
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Recordari heard before Mitchell, J, at Spring Term, 1812, of the Superior Court of Iredell. The plaintiff brought an action as administrator of James Howard, against the defendants, before a Justice of the Peace, to recover $156.65, alleged to be due by note given at the sale of the intestate’s property in the Spring of 1865, before the end of the war. The plaintiff contended that the note was'not liable to scale, but the magistrate gave judgment according to the scale, for $4.06 and costs. The plaintiff appealed, and the Justice sent up.the papers to the Judge, under sec. 539 C. C. P.,…
1Opinion of the CourtEeade, J.
In cases like this a recordari is a substitute for an appeal, and is never allowed except where a party has been deprived of the benefit of an appeal by accident. In this case the plaintiff was allowed an appeal from the judgment of a Justice of the Peace, and the appeal went up ; and the judgment of the Justice was affirmed by the Judge of the Superior Court. If the plaintiff was disatisfied with that judgment, he had the right of appeal to the Supreme Court. But instead of appealing to the Supreme Court, he applied for a recordari to bring up the case from the Justice again.
The reason given…
2Cited by4 opinions
- White v. . SnowSupreme Court of North Carolina · 1874
- Cowles, Adm'r v. . Hayes and AnotherSupreme Court of North Carolina · 1873
- Board of Commissioners v. AddingtonSupreme Court of North Carolina · 1873
- Wells v. . SluderSupreme Court of North Carolina · 1873