Lunceford v. . McPherson
Supreme Court of North Carolina
Petition for a Oertiorari heard before his Honor, Judge Dick, at the Pall Term, 1855, of Johnston Superior Court. The petition sets forth, “ that on 26 th of November, 1853, the petitioner, as the surety of one Joseph W. Price, executed ■with him, a bond for $196, payable to one John.
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Petition for a Oertiorari heard before his Honor, Judge Dick, at the Pall Term, 1855, of Johnston Superior Court. The petition sets forth, “ that on 26 th of November, 1853, the petitioner, as the surety of one Joseph W. Price, executed ■with him, a bond for $196, payable to one John. P. Cooke, duo four mouths after date, with interest from date ; that this bond was subsequently endorsed by the obligee, Cooke, to K. M. O. Williamson and A. D. Northam, without recourse, who endorsed the same, after it had become due to the plaintiff, David Lunceford; that about the time of the maturity of the…
1Opinion of the Court
Battle, J\
If a party to a suit in the County Court be deprived, by the fraud of his opponent, of a defense which can be made in that Court only, he can have no other mode of redress, than by application to a Court of Equity, whose peculiar province it is to relieve against mistake, accident, surprise, or fraud. Watts v. Boyle, 4 Ire. Rep. 331. The same mode of redress is the only one open to him, against whom an unconscientious judgment has been obtained in the Superior Court, because, if there be no error apparent on the record, there is no appellate tribunal which can give relief. But if…
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