Stephenson v. Jones, 12 N.C. 15, 1 Dev. 15 (1826)

Dec. 1826 · Supreme Court of North Carolina
12 N.C. 15, 1 Dev. 15

Jonathan Stephenson v. Laban Jones.

From Cumberland.

If no error is assigned in the charge of the Judge, and none appears upon the record, the judgment of the Superior Courtis of course affirmed.

This cause was bought op to this Court by certiorari, awarded on a rule made absolute, without notice to the Defendant, the Plaintiff swearing that be prayed an appeal to this Court, but that the Superior Court adjourned before he could get his sureties to the Court-House, 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, before DowNexu, Judge, the Plaintiff obtained a rule for a new trial ec on the ground that the verdict \yas against law and evidence,” which rule was discharged.

Get ston, for th? Plaintiff.

*16Per 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.