McConnell v. . Caldwell
Supreme Court of North Carolina
Petition for a certiorari, heard before Caldwell, J., at the last Spring Term of Guilford Superior Court. A judgment was rendered in the County Court of Guilford in favor of William A. Caldwell, Cashier of the Bank of Cape Eear, against the petitioners, William J. McConnell, Peter Adams and Joab Hiatt, on Saturday of November Term, 1858, and the petitioners prayed an appeal to the Superior Court of that county, and tendered as their sureties for the appeal, Thomas J. Patrick…
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Petition for a certiorari, heard before Caldwell, J., at the last Spring Term of Guilford Superior Court. A judgment was rendered in the County Court of Guilford in favor of William A. Caldwell, Cashier of the Bank of Cape Eear, against the petitioners, William J. McConnell, Peter Adams and Joab Hiatt, on Saturday of November Term, 1858, and the petitioners prayed an appeal to the Superior Court of that county, and tendered as their sureties for the appeal, Thomas J. Patrick and John Hiatt, who were accepted by the Court as sufficient, and the appeal allowed. John Hiatt, the surety oifered,…
1Opinion of the CourtBattle-, J.
The writ of oertiorari is an extraordinary rem edy, and is said to be grantable at the discretion of the Court. The meaning of this is, that it is not a matter of right, like a writ of error or an appeal. It is very often used as a substitute for an appeal, and in so using it, the courts have exercised their discretion, in such a manner as, on the one hand, to prevent a party from being deprived of a just defense, and on the other, to prevent its being made a mere instrument of delay. Where a party has lost his appeal by the neglect of an officer of the law, the contrivance of the opposite'…
2Cited by3 opinions
- Johnson v. Andrews.Supreme Court of North Carolina · 1903
- State v. Simons.Supreme Court of North Carolina · 1920
- State v. GardnerCourt of Appeals of North Carolina · 2025