Lowe v. . Elliott

Clark, J.:

“The case stated for an appeal to this Court,” in the words of Ruffin, C. J., “is here taken to be absolutely true as to all matters which occur on the trial, or pur port to have been acted on in the Court from which the appeal comes.” State v. Reid, 1 Dev. & Bat., 377; State v. Ephraim, 2 Dev. & Bat., 162, which are cited and approved in State v. Gooch, 94 N. C., 982. As to such matters a certiorari will not lie unless it appear by affidavit that, by inadvertence or mistake, the Judge has committed an error which the petitioner has reason to believe the Judge will correct if given…