Sossamer v. . Hinson .
Supreme Court of North Carolina
Civil aotion commenced in a Justice’s Court and carried by recordari to the Superior Court, and tried before 8chenck, J., at Fall Term, 187J, Cabarrus Superior Court. At the hearing a motion was made to transfer the case from the summons docket to the civil issue docket. The motion was overruled by the Court and the defendant appealed. The facts necessary to an understanding of the case are stated in the opinion of the Court.
1Opinion of the Court
BynüM, J.
Whether the writ of Recordari granted in this case, is viewed as one in the nature 'of an appeal, or of false judgment, his,Honor committed no error in dismissing it. If the writ is viewed as in the nature of an appeal, no merits are shown or alleged, and the defendant-has been guilty of laches. If the writ is considered as in the nature of a writ of error, or false judgment, no error in law.is assigned. The only error alleged is that G-ortnan, a resident of Cabarrus county, .though having no interest, was made a defendant, fraudulently, to give the Court jurisdiction. But the…
2Cited by4 opinions
- Rutherford v. RaySupreme Court of North Carolina · 1908
- Lilly & Bro. v. PurcellSupreme Court of North Carolina · 1878
- Rutherford v. . RaySupreme Court of North Carolina · 1908
- Austin v. J. W. Lewis & Co.Supreme Court of North Carolina · 1911