Dyer v. Rich

Decided July 15, 1816

Supreme Court of North Carolina · decided 1816-07-15

This cause was tried before Daniel, J. at Sampson Superior Court, where the certiorari was dismissed; front which decision an appeal was taken to this Court. The affidavit made by Dyer, on which the certiorari was obtained, stated that he purchased from Rich, a certain slave for the price of $ 450; in payment of which he endorsed a note of Robeson’s to Rich, for $ 650, the latter paying the excess by a note, and some produce.

Decided 1816-07-15

Seawell, J.

¶1delivered the opinion of the Court:

¶2We are all of opinion, that the certiorari should be sustained in this case.

¶3It is stated by the applicant, that he never had an opportunity of making any defence; and from the facts he has stated, if they be true, great injustice has been done him. The defendant, in the certiorari, does not deny that the trial was ex parte, but insists, that according to his belief, the applicant has no defence upon the merits. If, therefore, the petitioner is turned out of Court and he is injured, he is without remedy. But as to the other side, if he has good cause of action, he will still prevail, and his ultimate recovery be secured. Let the cause be placed on the trial docket and a trial be had de novo.