The jurisdiction of this court cannot be taken away but by express negative words 5 where an appeal is not allowed by law, a certiorari is the proper remedy % for suppose injustice done in the proceedings either by the court or jury, must the party have no relief against it because he is not allowed an appeal? No,’surely. Ke shall then have such remedy as suits his case ; and a certiorari has been used as the proper one for many years back. This certiorari was obtained on an affidavit, stating she grounds of requiring a new trial. That is not contradicted by any crocs affidavit, and is to be taken as true £ Therefore let a new trial be granted.
Reardon v. Guy, 3 N.C. 245, 2 Hayw. 245 (1803)
May 1803
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North Carolina Superior Court
3 N.C. 245, 2 Hayw. 245
Reardon vs. Guy.
EARBON had entered and paid for a tract of vacant land, and his grant was suspended by Guy. This suspension was tried in the county court of Duplin, and a certiorari was obtained by Reardon.
And now Jocelyn objected, that the act of Assembly liad de» tiled an appeal; and this court cannot issue a certiorari, for mat is to exercise appellate jurisdiction as substantially as if it had coma up by appeal.