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5 N.C. 438

Vervell v. . Trexler

Supreme Court of North Carolina

Decided July 5, 1810

Supreme Court of North Carolina · decided 1810-07-05

1 I From Rowan. j Upon the affidavit of Henry Vervell, a writ of certi-orari was granted, directed to the Clerk of the Court of Fleas and Quarter Sessions for Rowan County, commanding him to certify the record of certain proceedings had in a cause depending in the said Court, wherein John Trexler was Plaintiff, and the said Yervell was Defendant.

Decided 1810-07-05

By the CotJRT.

¶1 The Plaintiff in the writ of certi-orari, is entitled to file affidavits, after those of the Defendant have been filed, either to confirm those upon which the writ was obtained, or to disprove those filed by the Defendant; ami he is entitled to a continuance of the cause, to procure such affidavits, if he make it appear to the satisfaction of the Court that he cannot procure them at the term at which the Defendant’s affidavits are filed.

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