Porter v. Western North Carolina Railroad
Supreme Court of North Carolina
PETITION by the defendant for a certiorari, heard at February Term, 1887, of the Supreme Court. The petition of the defendant for the writ of certiorari,. represents that plaintiff’s counsel prepared the case on appeal, which, with defendant’s exceptions, was delivered to-the presiding Judge for his examination and settlement.
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PETITION by the defendant for a certiorari, heard at February Term, 1887, of the Supreme Court. The petition of the defendant for the writ of certiorari,. represents that plaintiff’s counsel prepared the case on appeal, which, with defendant’s exceptions, was delivered to-the presiding Judge for his examination and settlement. That as settled by him, petitioner is informed, it was sent by mail to the clerk of the Superior Court of Buncombe, but for some reason, never reached his office; that about three months later, another case was made out by the Judge, and •sent to the clerk, and is that…
1Opinion of the Court
Smith, 0. J.,
(after stating the facts). There is no sufficient ground shown for our interposition, in giving ail opportunity to the Judge to modify the statement, nor do those suggested appear material in disposing of the appeal. The defendant does not appeal from any ruling of the Court, and the sole inquiry is, as to the judgment that should be rendered upon the facts ascertained.
Moreover, there are no reasons suggested why the Judge would favorably entertain an application for amendment, and no facts stated to warrant the opinion that he would “probably ” make any change or addition, if…
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