Supreme Court of North Carolina January 15, 1874 (Ex parte Barton)

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United States · · · 15-01-1874

Bynum, J.

The writ of certiora/ri lies to correct errors of law, as a writ of false j udgment, or as a substitute for an appeal, and issuses when the party has been improperly deprived of his appeal, as a matter of course, and where he has lost his appeal by accident; it issues upon affidavit, and showing prima fade, a case of merits. Dougan v. Arnold, 4 Dev., 99.

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