Latham v. . Hodges
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Pitt County, at the Fall Term, 1851, his Honor Judge Caldwell presiding. This is an application to the Superior Court of Pitt for a writ of error coram nobis, for error in fact on the following case: A paper writing was propounded in the County Court, as the will of Martin Woolard, by Hodges, as executor, and was contested by Ransom Woolard, and there was sentence for the will.
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Appeal from the Superior Court of Law of Pitt County, at the Fall Term, 1851, his Honor Judge Caldwell presiding. This is an application to the Superior Court of Pitt for a writ of error coram nobis, for error in fact on the following case: A paper writing was propounded in the County Court, as the will of Martin Woolard, by Hodges, as executor, and was contested by Ransom Woolard, and there was sentence for the will. Ransom Woolard took the cause to the Superior Court by certiorari, and gave a bond for that purpose, in which Latham and Perry, the present applicants, were his sureties. In…
1Opinion of the CourtRuffunt, C. J.
The parties cannot get at their object in the present mode of .proceeding. If they could have entitled themselves to the writ of error, for the alleged error of fact, in the Superior Court, it was only while the judgment against them w7as the power of that Court. Instead of pursuing that course, however, they appealed to this Court, upon the matter of law, so that the judgment, finally rendered against them, was the judgment of this Court, and not that of the Superior Court. Hence this writ cannot be sustained; as error for matter of fact lies only in the Court, in which the record and…
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