{
  "id": 8698466,
  "name": "Anonymous",
  "name_abbreviation": "Anonymous",
  "decision_date": "1796-05",
  "docket_number": "",
  "first_page": "349",
  "last_page": "350",
  "citations": [
    {
      "type": "nominative",
      "cite": "1 Hayw. 349"
    },
    {
      "type": "official",
      "cite": "2 N.C. 349"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Super. Ct.",
    "id": 22358,
    "name": "North Carolina Superior Court"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 151,
    "char_count": 1672,
    "ocr_confidence": 0.307,
    "sha256": "745de1a41f34789075af0c8dd172d2b94767777cdaf2204efead0a2d8a0dffe1",
    "simhash": "1:77cf8888fb67ee65",
    "word_count": 305
  },
  "last_updated": "2023-07-14T18:10:25.463344+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Anonymous."
    ],
    "opinions": [
      {
        "text": "Note.\u2014Vide Chambers v. Smith, post 366.",
        "type": "majority",
        "author": null
      }
    ],
    "attorneys": [],
    "corrections": "",
    "head_matter": "Anonymous.\nif a certiorari bo obtained to remove a cause upon the ground that an appeal mid been refused in t\u00edo- court below, the case shall be placed upon the trial docket, without shewing- any other cause.\nThis suit had been commenced by a warrant issued by a J\u00edntico of the Peace. There was an appeal from the judgment of the Justice to the County Court, where a trial by jury was bad. There an appeal was moved for, which the County Court denied. lie then obtained a certiorari to remove the proceedings into this court, upon an affidavit stating the above facts. 'Phis certiorari was set down on the argument docket in this court, and now the Plaintiff in the certiorari, stated ihe reasons for obtaining it as above; and it was argued on his behalf, that wherever the County Court refuses an appeal,where by law the party is entitled to it, and moves for it in proper time, and offers to perform the requisites for obtaining an appeal, arid a certiorari is obtained for that cause, the court here will grant a new\u00bb trial without inquiring further than whether an appeal was refused \u2014 and asrit is admitted in the present case, that the appeal was refused, it is not incumbent upon the Plaintiff in the cer-tiorari, to shew any other cause in order to obtain a new trial here. Ami of this opinion were the court clearly; and the other side admitting that an appeal had been re* fused, th\u00f3ugh the party meu. ug \u00a1t offer.-d to assign reason-, & give security for prosecuting with effect, \u00a1hey or-dried i\u00edk\u00bb cause to he set down for trial, and to I\u00bb,* \u00a1dared amongst those for trial at the nest term. And it was done accordingly."
  },
  "file_name": "0349-02",
  "first_page_order": 356,
  "last_page_order": 357
}