Opinion · Supreme Court of North Carolina

Stephenson v. . Jones

12 N.C. 15

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1826-12-05
Topic
general

*16 Per cuRXAM. From an inspection of the record in this case, nothing appears shewing that judgment was improperly rendered against the Plaintiff in the Superior court. That Judgment must therefore be affirmed.

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1 opinion
STEPHENSONv. JONES,12 N.C. 15(1826)
JONATHAN STEPHENSON v. LABAN JONES.
Supreme Court of North Carolina
December Term, 1826.
From Cumberland.

If no error is assigned in the charge of the judge, and none appears upon the record, the judgment of the Superior Court is of course affirmed.
THIS cause was brought up to this Court bycertiorari, awarded on a rule made absolute, without notice to the defendant, the plaintiff swearing that he prayed an appeal to this Court, but that the Superior Court adjourned before he could get his sureties to the courthouse for the purpose of giving bond. The affidavit set forth no special cause for which the appeal was prayed, and the record, which was in the usual form, stated that after a verdict for the defendant, beforeDonnell, Judge, the plaintiff obtained a rule for a new trial, "on the ground that the verdict was against law and evidence," which rule was discharged.
Gaston for the plaintiff.Page 12
(16) PER CURIAM.
From an inspection of the record in this case, nothing appears showing that judgment was improperly rendered against the plaintiff in the Superior Court. That judgment must therefore be affirmed.Approved: King v. Ellington,87 N.C. 573.