Superior Court of North Carolina, 1796

Anonymous

Anonymous
Superior Court of North Carolina · Decided October 15, 1796
2 N.C. 484
Anonymous

Opinion of the Court

-Per cuñam

When a certiorari issues, the adverse party has noticé to appear on the return day of the certiorari, and if the writ is not then returned, nor any proceedings *485had to continue it in court, it is like other writs tinued, and a procedendo ought to issue. Here is clearly a discontinuance, therefore let a discontinuance be entered, and a procedendo issue to the court below.

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