{
  "id": 8685596,
  "name": "ELIZA F. JONES vs. JOHN JONES",
  "name_abbreviation": "Jones v. Jones",
  "decision_date": "1851-06",
  "docket_number": "",
  "first_page": "98",
  "last_page": "99",
  "citations": [
    {
      "type": "nominative",
      "cite": "12 Ired. 98"
    },
    {
      "type": "official",
      "cite": "34 N.C. 98"
    }
  ],
  "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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  "last_updated": "2023-07-14T19:40:22.332414+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "ELIZA F. JONES vs. JOHN JONES."
    ],
    "opinions": [
      {
        "text": "Nash, J.\nFor the reasons set . forth in the case of Bagley v Wood, decided at-this Term, without examining into , the testimony,-upon which the Superior Court acted, which, we have no power to do, the orders of said Court are affirm - ed, upon the ground that we have no power to revise a discretionary judgment of the Superior.Court,-.except-for error \u25a0 ini law. Here, none isy.shown.,\nPer Curjam. Orders affirmed.\n(Note. \u2014 The same point decided at this Term in,the. case.of Leavitt v Etheridge, from,Currituck.)",
        "type": "majority",
        "author": "Nash, J."
      }
    ],
    "attorneys": [
      "J. Id. Bryan, for the plaintiff..",
      "W. H. Haywood and J W. Bryan, for the defendant.."
    ],
    "corrections": "",
    "head_matter": "ELIZA F. JONES vs. JOHN JONES.\n,,:Wheki\u2019 \u00a1\u00a1lie Superior Court, upoii \u2019'the facts submitted to and deterr\u00fcined by them,'refused a motion to dismiss 'a guardian ; Hold, that an appe\u00e1f could not be taken from their decision.\nThp case of Bagley v Wood, ante-f. cited andappr\u00f3ved.\nAppeal from the Superior\u2019 Court of Law of Jones County, \u2018\u25a0\u25a0at the Spring Term 1851, his Honor Judge Caedweel pre- - siding.\nMotion-to-remove the defendant from the guardianship \u201c of the infant children of Jonas Jones, dec\u2019d. The plaintiff is the mother of the wards, and the defendant their grand-father. In the County Court, the judgment was, that the \u2018 defendant be- removed, and the plaintiff be appointed in his .place. From this 'decision, 'the defendant appealed to the \u2022Superior Court, where a motion was made by the Counsel -of the plaintiff to dismiss the appeal, on the ground, that -the defendant had no right to appeal. This was refused, \u2022and the plaintiff then insisted th\u00e1fthe order of the County Court, -removing the-defendant from his guardianship,\u2019ought \u25a0\u2022to be confirmed, unless the defendant showed that there was no error in law or in fact in said.order. This was defied by the Court, upon the ground that the trial in that \u25a0Court was cie novo. A motion was then submitted by the \u25a0defendant to dismiss the proceeding for error in the rule -and notice. This was overruled by the Court. The case \u25a0states, that \u201c then the Court proceeded to hear the whole matter, upon evidence and witnesses introduced in Court-; and, after hearing the whole matter, the Court reversed the judgment of the County Court, removing the defendant from the guardianship of the infant children, and declaring that lie was the proper,person ta.be theirguardian,- and directed \u00bb a-procedendo to be issued to the County Court. Where-.. upon, the plaintiff appealed\u2018to this Court.\nJ. Id. Bryan, for the plaintiff..\nW. H. Haywood and J W. Bryan, for the defendant.."
  },
  "file_name": "0098-01",
  "first_page_order": 106,
  "last_page_order": 107
}