Caldwell, Ex'r v. . Beatty
Supreme Court of North Carolina
Petition for a reeordari heard at the Spring Term, 1873, of Gaston Superior Court, before Logan, J. In his petition the plaintiff, as executor oPS.
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Petition for a reeordari heard at the Spring Term, 1873, of Gaston Superior Court, before Logan, J. In his petition the plaintiff, as executor oPS. L. Caldwell, deceased, states that the defendant in May, 1870,'instituted before a Justice of the Peace five actions against him, based upon one account running through the years 1861-’62-’63-’64 and ’65, amounting in the aggregate to $498, upon which he obtained judgment for $429; that the judgments therein rendered were based upon one continuous account purposely divided to confer jurisdiction on the Justice of the Peace.It is further stated by…
1Opinion of the CourtPearson, C. J.
A writ of recordari is sometimes used as a writ of false judgment to bring up a case in order to review an alleged error in law, and it is sometimes used as a substitute for an appeal in which case the whole matter is tried die novo in the higher Court.
Whether a writ of recordari as a writ of false judgment can be resorted to in cases where by law an appeal is given, and the party has failed to appeal, is a question which 'it is not necessary to decide, but we are inclined to the opinion, that when that error alleged is a defect of juristiction, such error may be corrected upon writ of…
2Cited by15 opinions
- Hawkins Co. v. . LongSupreme Court of North Carolina · 1876
- Clark v. Deloach Mills Manufacturing Co.Supreme Court of North Carolina · 1892
- Jarrett v. . SelfSupreme Court of North Carolina · 1884
- Copland v. Wireless Telegraph Co.Supreme Court of North Carolina · 1904
- Blount v. . SawyerSupreme Court of North Carolina · 1925
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