Commissioners of Raleigh v. . Kane
Supreme Court of North Carolina
This was a petition for a writ of oeetioeaei and motion, predicated thereon, to quash an order of the County Court of Wake granting a license to the defendant to retail spirituous liquors in the city of Raleigh, heard before his Honor Judge Caldwell, at the last Term of Wake Superior Court.
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This was a petition for a writ of oeetioeaei and motion, predicated thereon, to quash an order of the County Court of Wake granting a license to the defendant to retail spirituous liquors in the city of Raleigh, heard before his Honor Judge Caldwell, at the last Term of Wake Superior Court. The petition for the certiorari sets forth as follows : “ That at the February term, 1855, of the county court of Wake, the-said John Kane was licensed by the said court to retail spirituous liquors by the small measure, within the limits of the-city of Raleigh, contrary to the act of the General Assembly,…
1Opinion of the CourtBattle, J.
The writ of certiorari is ordinarily and commonly used in this State as a substitute for an appeal, when the latter has been lost without any default of the party entitled to it. Its effect in such a case is to give to the party a right to a trial de novo / or a re-hearing in the appellate court.
But though this is the ordinary and most common, it is not the only use of the writ. It may be, and often is, employed as a writ of false judgment, to correct errors in law, and then it is the means whereby the superior court, which is the highest court of original jurisdiction in this State, can, and…
2Cited by4 opinions
- State v. . MooreSupreme Court of North Carolina · 1936
- State v. MooreSupreme Court of North Carolina · 1936
- Russ v. Board of Education of Brunswick CountySupreme Court of North Carolina · 1950
- Biggs, Ex Parte.Supreme Court of North Carolina · 1870