Anonymous, 2 N.C. 458, 1 Hayw. 458 (1796)

Oct. 1796 · North Carolina Superior Court

2 N.C. 458, 1 Hayw. 458

Anonymous.

This was a writ of a false judgment, for reversing/the judgment of a Justice of Peace given on a Warrant. The Plaintiff in this writ had issued a sci.fa."*U> the Defendant, to appear and oppose the reversal if he thought proper ; and now Mr. Potter moved, .that as the Defendant had not come in, and so remained undefended, that he might be permilted to enter judgment of reversal.

Per curiam

If you have assigned matters of fact, only, you may enter your judgment of reversal; if you have assigned matters of l.iw, we must look into them. We cannot reverse the judgment merely because you have assigned instances of false judgment, if the matters assigned do not appear to warrant a reversal. The assignment was read, and the principal matter was, that no lime or place was appointed within thirty days, by the Justice, for Defendant’s appearance.

Per curiam — That is necessary by the act of 1794, c. 13, s. 3 & 6. The judgment was reversed.