Rush v. Halcyon Steamboat Co.
Supreme Court of North Carolina
Civil Action commenced before a Justice, and tried, upon appeal, before Buxton, J., at Spring Term, 1872, of the Superior Court of Cumberland. The action was for the recovery of$190 and interest, due by note given January 1st, 1869, by one R. M. Orrell, as agent of the defendant, to the plaintiffs “ as administrators of Benj.
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Civil Action commenced before a Justice, and tried, upon appeal, before Buxton, J., at Spring Term, 1872, of the Superior Court of Cumberland. The action was for the recovery of$190 and interest, due by note given January 1st, 1869, by one R. M. Orrell, as agent of the defendant, to the plaintiffs “ as administrators of Benj. Rush, deceased,” for “ rents of wharf and warehouse until 1st January, 1870.” The defendant, by said Orrell, confessed judgment for the amount of the note and then appealed to the Superior Court. ' The papers and statement of the case, as sent up by the Justice under…
1Opinion of the CourtHick, J.
At common law an unsuccessful party to an action had no right of appeal. If there was error in the proceedings and such error was apparent upon the face of the record, a remedy could be obtained by a writ of error; and if the action was in a Court not of record a writ of false .judgment would lie. Por a wrong verdict upon issues of fact there was no remedy which could be obtained as matter of right, but the Judge in his discretion could grant a new trial.
In this State the right of appeal is regulated by statute, and is allowed to a party to an action, or other legal proceeding, who is…
2Cases cited1 opinion
- Swain v. . SmithSupreme Court of North Carolina · 1871
3Cited by10 opinions
- State v. . NewsomeSupreme Court of North Carolina · 1928
- State v. LaneSupreme Court of North Carolina · 1914
- State v. . LaneSupreme Court of North Carolina · 1914
- State v. . GriffisSupreme Court of North Carolina · 1895
- Marshall v. . KempSupreme Court of North Carolina · 1925
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