Legal Opinion

Betts v. . Franklin

Supreme Court of North Carolina

Decided December 5, 1838Published

1Opinion of the Court

This is not a proceeding to reverse the judgment of the County Court for any error of the court. Upon the face of the record everything was properly done. The parties were called and failed to appear, and the judgment on the bond followed of course. The grievance is that the creditors deceived or surprised the sureties so as to prevent them from producing the principals in discharge of themselves. We believe the writ of certiorari has not hitherto been used in a case like this, and we cannot approve of this novel application of the remedy.

Besides correcting errors of law of inferior tribunals…

2Cases cited5 opinions

  1. Pritchard v. . SandersonSupreme Court of North Carolina · 1885
  2. Lunceford v. . McPhersonSupreme Court of North Carolina · 1855
  3. Holmes v. . JohnsonSupreme Court of North Carolina · 1852
  4. Sharpe v. . McElweeSupreme Court of North Carolina · 1860
  5. Buis v. . ArnoldSupreme Court of North Carolina · 1860

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