Ashby v. . Page
Supreme Court of North Carolina
Appeal from judgment of McCorkle, J.. at Fall Term, 1890, of Stokes Superior'Court. This case was brought here by. a former appeal, and is reported in 106 N. C., 328, when this Court found error in the ruling below.
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Appeal from judgment of McCorkle, J.. at Fall Term, 1890, of Stokes Superior'Court. This case was brought here by. a former appeal, and is reported in 106 N. C., 328, when this Court found error in the ruling below. On 21st of May, 1890, soon after said opinion had been filed, and before the next succeeding term of Stokes Superior Court, the plaintiff sued out a petition of habeas corpus, which defendant answered 26th May, but, by successive continuances, the matter went over to the Fall Term, at which time the Court heard additional affidavits from the defendant, the plaintiff excepting.…
1Opinion of the Court
Clark, J.- —
-after stating the case: The decision of this Court on the former hearing (106 N. C., 328) was, that there was error, because the facts as found by the Court below did not bring the case within any of the five classes which the Clerk was authorized to apprentice by chapter 169, Acts 1889. There was no final judgment here, and the cause stood on the docket of the Court below for a new trial at the first term held after the certificate was sent down from this Court.. Acts 1887, ch. 192, § 3. The attempted habeas corpus proceeding was irregular, as the defendant had possession of the…
2Cases cited6 opinions
- Pasour v. . LinebergerSupreme Court of North Carolina · 1884
- Jones v. . ThorneSupreme Court of North Carolina · 1879
- Sanderson v. . DailySupreme Court of North Carolina · 1880
- Ashby v. . PageSupreme Court of North Carolina · 1890
- Wingo v. . HooperSupreme Court of North Carolina · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- McGehee v. . McGeheeSupreme Court of North Carolina · 1925
- Beville v. . CoxSupreme Court of North Carolina · 1891
- Hunter v. Southern Railway Co.Supreme Court of North Carolina · 1913