Roulhac v. . Miller
Supreme Court of North Carolina
PETITION for certiorari heard at October Term, 1883, of The Supeehe Couet. From the petition and answer, and the affidavits filed on both sides, these material facts sufficiently appear: The plaintiff, executrix, brought an action against Wm. Garl Brown in the superior court of Orange county, and at spring term, 1882, obtained judgment against him for $504, with interest, and for costs.
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PETITION for certiorari heard at October Term, 1883, of The Supeehe Couet. From the petition and answer, and the affidavits filed on both sides, these material facts sufficiently appear: The plaintiff, executrix, brought an action against Wm. Garl Brown in the superior court of Orange county, and at spring term, 1882, obtained judgment against him for $504, with interest, and for costs. In this action she applied for and obtained a warrant of arrest, under which the said Brown was arrested; and at said spring term, John Miller and John Gatling, the petitioners for the writ of certiorari,…
1Opinion of the Court
MemumoN, J.,
after stating the above. Upon this state of facts we think the petitioners are entitled to the writ of certio-rari. It is very manifest they desired and intended to aj>peal from the judgment from the beginning. It was agreed, at the dime it was stipulated that the judgment might be entered as of the term of the court, though it was, in fact, to be given after the term, that the party against whom judgment should be given might appeal. The counsel for the petitioners in that action swear that they intended to appeal, and it appears they were vigilant and earnest in their efforts to…
2Cases cited7 opinions
- Wynne v. . PrairieSupreme Court of North Carolina · 1882
- Rogers v. . MooreSupreme Court of North Carolina · 1882
- Parker v. . BledsoeSupreme Court of North Carolina · 1882
- Howerton v. . HendersonSupreme Court of North Carolina · 1882
- Parker v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Roulhac v. . MillerSupreme Court of North Carolina · 1884
- Murray v. . ShanklinSupreme Court of North Carolina · 1838