Anonymous

2 N.C. 419

Opinion

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