Dougan v. . Arnold
Supreme Court of North Carolina
Appeal from an interlocutory order, made in Ran-do p Superior Court, by his Honor Judge Settle. Arnold sued out an attachment returnable before a justice of the peace, against Dougan, a resident of Indiana, and caused a levy to be made upon a tract of land, on the return of which the justice ordered an advertisement for the appearance of Dougan, to be published for thirty days, and no appearance being entered, a judgment by default was rendered, and the proceedings filed, in…
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Appeal from an interlocutory order, made in Ran-do p Superior Court, by his Honor Judge Settle. Arnold sued out an attachment returnable before a justice of the peace, against Dougan, a resident of Indiana, and caused a levy to be made upon a tract of land, on the return of which the justice ordered an advertisement for the appearance of Dougan, to be published for thirty days, and no appearance being entered, a judgment by default was rendered, and the proceedings filed, in the County Court, where an order was given for the sale of the land, and a writ of venditioni exponas issued…
1Opinion of the Court
Ruffin, Chief-Justice
The argument in favor of the motion to dismiss the certiorari as having been improv-ideritly issued, is founded upon the use of that writ iii the English law. It is there used to bring an indictment from an inferior court into the King’s Bench for trial; or to have a judgment of an inferior magistrate, not proceeding according to the course of the common law', reviewed. In neither instance does a second trial of the. facts take place. In the latter, the judgment, if irregu lar or unsupported by the facts found by the magistrate and stated in the conviction to be found, is…
2Cited by6 opinions
- Belk's Department Store, Inc. v. . Guilford CountySupreme Court of North Carolina · 1943
- Russ v. Board of Education of Brunswick CountySupreme Court of North Carolina · 1950
- Barton, Ex ParteSupreme Court of North Carolina · 1874
- Belk's Department Store, Inc. v. . Guilford CountySupreme Court of North Carolina · 1943
- Perry v. . PerrySupreme Court of North Carolina · 1817
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