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35 N.C. 267

Latham v. . Hodges

Supreme Court of North Carolina

Decided June 5, 1852

Supreme Court of North Carolina · decided 1852-06-05

This is an application to the Superior Court of Pitt for a writ of error coram nobis, for error in fact on the following case: A paper writing was propounded in the County Court, as the will of Martin Woolard, by Hodges, as executor, and was contested by Ransom Woolard, and there was sentence for the will. Ransom Woolard took the cause to the Superior Court by certiorari, and gave a bond for that purpose, in which Latham and Perry, the present applicants, were his sureties.

Good law ✅— No negative treatment on recordhow we know

Decided 1852-06-05

How this case has been cited

Cited by 5 later decisions — most recently July 1971

5 state decisions

201852186018701880189019001910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Ruffunt, C. J.

¶1 The parties cannot get at their object in the present mode of .proceeding. If they could have entitled themselves to the writ of error, for the alleged error of fact, in the Superior Court, it was only while the judgment against them w7as the power of that Court. Instead of pursuing that course, however, they appealed to this Court, upon the matter of law, so that the judgment, finally rendered against them, was the judgment of this Court, and not that of the Superior Court. Hence this writ cannot *269 be sustained; as error for matter of fact lies only in the Court, in which the record and judgment are, and not to reverse the judgment of another Court, and, especially, of a higher one.

¶2 Ter Curiam. Judgment reversed, and motion disallowed

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