Boyer v. Garner
Supreme Court of North Carolina
MotioN, heard upon notice and affidavits, before ITis Honor, Battle, J., folding the Court of the Third District, by exchange with Bynum, J., at Chambers, in Henderson, Yance County, on 21st May, 1891, in which the defendant against whom judgment had been rendered in an action to recover land, tried at January Term, 1894, of Franklin Superior Court, petitioned to be allowed betterments, etc., not having set up the claim on the trial.
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MotioN, heard upon notice and affidavits, before ITis Honor, Battle, J., folding the Court of the Third District, by exchange with Bynum, J., at Chambers, in Henderson, Yance County, on 21st May, 1891, in which the defendant against whom judgment had been rendered in an action to recover land, tried at January Term, 1894, of Franklin Superior Court, petitioned to be allowed betterments, etc., not having set up the claim on the trial. The motion was not allowed and defendant appealed. In this Court a certiorari was applied for upon the grounds fully stated in the opinion of Associate Justice…
1Opinion of the Court
MONTGOMERY, J.:
In this action the plaintiffs, at January Term, 1894, of FranKlin Superior Court, obtained judgment against the defendant for the recovery of a tract of land, from which judgment the defendant gave notice of appeal to this Court. The appeal was not perfected and the defendant in apt time applied for a certiorari as a substitute for the a'ppeal, to bring the record up that the errors therein assigned might be examined into by this *127Court. The' affidavit in support of the petition sets out the following facts:
I. That the affiant and N. Y. Gulley, Esq., as associate counsel,…
2Cases cited1 opinion
- Churchill v. . Brooklyn Life Insurance Co.Supreme Court of North Carolina · 1885
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- Luton v. Badham.Supreme Court of North Carolina · 1900
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