Roughton v. . Brown
Supreme Court of North Carolina
Petition for a writ of error coram nobis, heard before French, J., at tlie last Spring Term of Yadkin Superior Court. The petition was filed in the name of the husband and wife, in the County Court of Yadkin, upon due notice given, praying for a writ of error to reverse a judgment rendered against the petitioner, Amelia and others, at a former term of the said Court, upon the ground, that she was at the time of the rendition of such judgment a feme covert.
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Petition for a writ of error coram nobis, heard before French, J., at tlie last Spring Term of Yadkin Superior Court. The petition was filed in the name of the husband and wife, in the County Court of Yadkin, upon due notice given, praying for a writ of error to reverse a judgment rendered against the petitioner, Amelia and others, at a former term of the said Court, upon the ground, that she was at the time of the rendition of such judgment a feme covert. The County Court granted the prayer of the petition and ordered the writ of error to issue, from which the defendant, in error, appealed…
1Opinion of the CourtBattle, J.
The reasons which induced the Judge, in the Court below, to reject the application for the writ of error cor am nobis, are not stated, but in this Court, the objection to it is based upon two grounds:
1st. That it ought to have been brought in the Superior Court and not in the County Coprt, and
2ndly. That all the defendants, in the judgment, ought to have been parties in the petition for the writ. In our opinion neither ground of objection is tenable.
1. The distinction between an ordinary writ of error and a writ of error coram nobis is, that the former is brought for a supposed error in law,…
2Cited by7 opinions
- State v. GreenSupreme Court of North Carolina · 1970
- State v. DanielsSupreme Court of North Carolina · 1949
- State v. TaylorSupreme Court of North Carolina · 1949
- State v. MerrittSupreme Court of North Carolina · 1965
- Dantzic v. StateSupreme Court of North Carolina · 1971
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