Matthews v. . Matthews
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Randolph County at the Fall Term, 1843, his Honor Judge Manly presiding. The following is the case, as it appears from the record.
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Appeal from the Superior Court of Law of Randolph County at the Fall Term, 1843, his Honor Judge Manly presiding. The following is the case, as it appears from the record. Term, 1839, of Randolph County Court, John D. Brown, a processioner ..of 'Randolph County, reported to> t|~e coliVt, that he had 'been required by William Matthews to procession a tract of land for him, and, particularly, to establish the ’lines between his land and that of Ezekiel Matthews ; and that on the 23d day of May, 1839, he met the said parties-on the said land of William Matthews (which is, not described) and “…
1Opinion of the CourtRuffin, C. J.
We do not stop to enquire into the particular cause, why E. Mathews did not appeal; nor whether it would have been proper on an appeal to hear affidavits as to the merits, which were not offered in the County Court; because taking up the case upon the record alone, as urged by W. Matthews, we think it must be determined'against This being a summary proceeding of an inferior tribunal, not according to the course of the common law,'we think the party entitled ex débito justitice, to a certiorari to jj. np for review in the matter of law, as in other cases on a writ of error: and if found to be…
2Cited by2 opinions
- Russ v. Board of Education of Brunswick CountySupreme Court of North Carolina · 1950
- Hoyle v. . WilsonSupreme Court of North Carolina · 1847