Den Ex Dem. Ballard v. Carr
Supreme Court of North Carolina
Iredell, for the defendant upon an affidavit setting forth that this cause had been removed from Gates to Hertford by an order which was entered on the record of the cause, while pending in that court, but which had not been transcribed into the copy certified to Hertford; and that the plaintiff, who was the appellant, had assigned that omission as error, moved for a certiorari to Gates, in order to found a motion for an amendment, in this court, upon the transcript returned…
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Iredell, for the defendant upon an affidavit setting forth that this cause had been removed from Gates to Hertford by an order which was entered on the record of the cause, while pending in that court, but which had not been transcribed into the copy certified to Hertford; and that the plaintiff, who was the appellant, had assigned that omission as error, moved for a certiorari to Gates, in order to found a motion for an amendment, in this court, upon the transcript returned to that writ.
1Opinion of the Court
Ruffin, Chief-Justice.
This cause was tried in Hertford, to which it had been removed from Gates, and has now come into this Court by appeal.
There is a defect in the transcript sent here, in not setting out an order, made in the cause, while it was in Gates Court, which may be to the prejudice of the ap-pellee, and it is admitted that the same defect exists in the transcript filed in Hertford, from which that in this Court lias been correctly made. The appellee now moves on affidavit,for a certiorari to the Clerk of Gates Superior Court, to obtain a true transcript from that Court, setting out…
2Cited by2 opinions
- State v. . CratonSupreme Court of North Carolina · 1845
- State v. . BarfieldSupreme Court of North Carolina · 1848