Hunter v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by plaintiff from Garter, J., at January Term, 1913, of LENOIR. Cause beard on petition for recordari to justice court.
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Appeal by plaintiff from Garter, J., at January Term, 1913, of LENOIR. Cause beard on petition for recordari to justice court. From tbe affidavit of defendant’s counsel, tbe only evidence offered, it appeared tbat on 4 June, 1912, at and in Lenoir County, plaintiff recovered judgment against defendant, tbe Atlantic Coast Line, for wrongful failure to sbip certain household goods of plaintiff from Fargo, Ga., to Enfield, N. C., tbe same being, in breach of contract of carriage, sent to Efland, N. C.; tbat defendant company bad employed a law firm to " appear and look after tbe case, but tbe…
1Opinion of the CourtHoee, J.
While it is held with us that, in proceedings of this nature, and in merely formal matters, such as the giving of notice, etc., a reviewing court is allowed a very wide discretion (S. v. Johnston, 109 N. C., 852; R. R. v. Richardson, 82 N. C., 343), our decisions also hold that an order granting a writ of recordcuri to a justice’s court and directing that a cause be set down for trial de novo rests in the sound discretion of the court, and is one from which an appeal presently lies. 3 Clark’s Code Procedure, sec. 545, citing among other cases, Barnes v. Easton, 98 N. C., 116; Perry v.…
2Cases cited9 opinions
- State v. . JohnsonSupreme Court of North Carolina · 1891
- Barnes v. . EastonSupreme Court of North Carolina · 1887
- State v. . GriffisSupreme Court of North Carolina · 1895
- Chester & Lenoir Railroad v. RichardsonSupreme Court of North Carolina · 1880
- Pritchard v. . SandersonSupreme Court of North Carolina · 1885
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- Freeman v. BennettSupreme Court of North Carolina · 1958
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