2 N.C. 636
Supreme Court of North Carolina
Decided July 15, 1816
Supreme Court of North Carolina · decided 1816-07-15
This was an application, on the part of the defendant, under the following cirumstances. At the sessions of the County Court of Rowan, when the verdict was taken against the defendant, he prayed an appeal, which was granted; and his attorney prepared an appeal bond, and requested the clerk of the County Court to send it or take it up with the other papers, who promised to do so.
Decided 1816-07-15
¶1delivered the opinion of the Court:
¶2The circumstances disclosed by the affidavits filed in this case, show, that a failure of justice will probably occur, unless the party who has without fault failed to obtain a new trial by appeal, is assisted with the process which he prays.
¶3Let a certiorari issue, with leave to the plaintiff to amend his writ.