Brickell v. Bass

Decided October 15, 1794

Superior Court of North Carolina · decided 1794-10-15

This was an appeal in an ejectment cause from the County Court of Nash. The jury below had found for the Defendant — and the appeal was returnable to this Court in October term, 1793. It was not then transmitted to the Clerk of this Court, but in April, 1794. The. Comise! for the Defendant having- a copy of the record in his hand, moved to have it entered of record in this Court, and the. judgment affirmed with double coats, agreeably to the. act of 1777, ch. 2, sec. 84.

Decided 1794-10-15

¶1Note. — As to what circumstances will be deemed sufficient to entitle a party to a certiorari see Chambers v. Smith, post 366, Robertson v. Stowe, post 402, McMillan v. Smith & Walker, 2 Car. Law Rep. 77, Dyer v. Rich, 2 Car Law Rep. 610, Steele v. Harris, ibid. 636, Hood v. Orr, N. C. Term Rep. 151, Davis v. Marshall & Russell, 2 Hawks, 59, Mera v. Scales & McCain, ibid. 364. zThe propriety of the other part of the decision was denied by Haywood Judge, in an anonymous case, post 171.