{
  "id": 11277205,
  "name": "The Governor, for the use of the State Bank, v. Allen Twitty, et al.",
  "name_abbreviation": "Governor ex rel. State Bank v. Twitty",
  "decision_date": "1830-06",
  "docket_number": "",
  "first_page": "386",
  "last_page": "387",
  "citations": [
    {
      "type": "nominative",
      "cite": "2 Dev. 386"
    },
    {
      "type": "official",
      "cite": "13 N.C. 386"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "sha256": "b3c11455d8e68cb71f043a7200d404140c6fec513128ed2875c596fc6e82897c",
    "simhash": "1:908bb945b6d1effa",
    "word_count": 412
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  "last_updated": "2023-07-14T18:28:37.349944+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The Governor, for the use of the State Bank, v. Allen Twitty, et al."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nirt this case, the judgment of the Court below must be reversed \\ because after the appeal to this Court in 1826, the Superior Court of Rutherford could take no farther order in the cause, unless a new trial Was directed by the Supreme Court. By the appeal, the whole case is removed, and never gets back, but for the purpose of a new trial. Here the judgment was arrested, and consequently the case came to an end here. The certificate sent down by the Clerk of this Court is rendered necessary by the act of 1825, thai the costs below may he collected. And in such a case as this, that is the sole purpose of it.\nThe Clerk however made a mistake, hot!) in the certificate sent to Rutherford, and in drawing out the judgment here. When judgment is arrested, neither party recov\u00e9i s costs, hut each pays his own. The original entry on the minutes is right. The error was committed in engrossing it. It must now be corrected by the minutes, and certified again to the Clerk of Rutherford Superior Court j which is ordered accordingly.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Badger, for the relators.",
      "Gaston, contra."
    ],
    "corrections": "",
    "head_matter": "The Governor, for the use of the State Bank, v. Allen Twitty, et al.\nj\nAfter an appeal to this Court, the Court below can take no further order in the cause, unless a new trial is awarded here.\nIf judgment be arrested in this Court, the Court below can only collect the costs incurred there.\nUpon an arrest of judgment, neither party recovers costs.\nWhere an error was committed in engrossing the judgment of this Court, it must be corrected by the minutes.\nAfter the arrest of judgment in this cause (ante, val. 1, p. 153) the Clerk of this Court certified to the Clerk of the Court below, that the judgment of this Court was, \u201c that the judgment of the Superior Court of Rutherford \u201c be reversed, and that the judgment be arrested, and \u201c judgment against the relators for the costa of this Court <c and the Court below.\u201d\nUpon this certificate, the cause stood for several terms \u00abpon the docket of Rutherford Court, and several rules were made in it. (Anfep. 176.) On the last circuit, on the motion of the Defendants, his Honor Judge Daniel, thinking the cause was finally disposed of by this Court, directed judgment to be entered according to the certificate. Upon which the relators appealed.\nJune, 1830.\nBadger, for the relators.\nGaston, contra."
  },
  "file_name": "0386-01",
  "first_page_order": 404,
  "last_page_order": 405
}