Marsh v. . Williams and Brinkley
Supreme Court of North Carolina
ORIGINAL ATTACHMENT, before Jones, J., upon a writ of recordari,' at Pall Term 1868 'of the Superior Court of Beaufort. • • ' * In September 1868, the ^plaintiff sued out the attachment before a Justice of the Peace, which after reciting that the plaintiff had made oath before him “ that Jerry Williams and J ames Brinkley are jointly indebted to him in the sum o one hundred and fifty dollars, and the said Edward S. Marsh-haring given bond,” &o., directed the property to be…
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ORIGINAL ATTACHMENT, before Jones, J., upon a writ of recordari,' at Pall Term 1868 'of the Superior Court of Beaufort. • • ' * In September 1868, the ^plaintiff sued out the attachment before a Justice of the Peace, which after reciting that the plaintiff had made oath before him “ that Jerry Williams and J ames Brinkley are jointly indebted to him in the sum o one hundred and fifty dollars, and the said Edward S. Marsh-haring given bond,” &o., directed the property to be seized,. &c. Upon the writ was an endorsement by the Justice-deputing one Ormand, “ in the absence of a lawful officer,”…
1Opinion of the CourtDice, J.
There is no provision made in the Code of Civil Procedure, for the writ of recordari. This important remedial writ, or some proceeding of the same nature is. almost indispensable in the due administration of justice. Until the-practice- and proceedings in such cases, are established and regulated in the- Code, the Courts must be governed by the rules of the common law.. The writ of recordari in the nature of a writ, of error, is the proper proceeding to set aside the -false judgment complained of. In such cases the merits of the .matter are not enquired into, but only questions of law are…
2Cited by11 opinions
- McKee v. . AngelSupreme Court of North Carolina · 1884
- Dewey v. LinscottSupreme Court of Kansas · 1878
- Grocery Company v. Bag Company.Supreme Court of North Carolina · 1906
- McClure v. FellowsSupreme Court of North Carolina · 1902
- Lackett v. RumbaughU.S. Circuit Court for the District of Western North Carolina · 1891
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