Stevens' Heirs v. Smith

Supreme Court of North Carolina

Stevens' Heirs v. Smith

30 N.C. 38

DecidedDecember 5, 1847

StatusPublished

This text of 30 N.C. 38 (Stevens' Heirs v. Smith) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stevens' Heirs v. Smith, 30 N.C. 38 (N.C. 1847).

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Opinion

Ruffin, C. J.

It is evident enough on thp affidavits, that the proceeding for a forcible entry and detainer in *39 this case, was a flagrant abuse of that remedy; and it is equally plain that there are gross errors in the proceedings, for which they ought to be reversed. We cannot but regret, that it is not in our power to deal with the case upon its merits. But the Court is obliged to sustain the decision of his Honor, inasmuch as Turnage, who was the party, does not complain, and his original landlords cannot intervene in a criminal proceeding, to which they were not parties.

Per Curiam. Judgment affirmed.

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Ruffin, C. J.

It is evident enough on thp affidavits, that the proceeding for a forcible entry and detainer in *39 this case, was a flagrant abuse of that remedy; and it is equally plain that there are gross errors in the proceedings, for which they ought to be reversed. We cannot but regret, that it is not in our power to deal with the case upon its merits. But the Court is obliged to sustain the decision of his Honor, inasmuch as Turnage, who was the party, does not complain, and his original landlords cannot intervene in a criminal proceeding, to which they were not parties.

Per Curiam. Judgment affirmed.

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Bluebook (online)

30 N.C. 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevens-heirs-v-smith-nc-1847.