Ware v. . Nisbet

92 N.C. 202

• Court: Supreme Court of North Carolina
• Decided: February 5, 1885
• Status: Published

Opinion

MebjrimoN, J.

The appellant suggests upon affidavit, that the Judge states in the case settled upon appeal by him, that certain special instructions to the jury were withdrawn, whereas in fact they were not withdrawn, and he desires that the Judge shall state the facts from which he inferred such withdrawal, and to that end, he moves that the writ of certiorari be granted to bring up a more perfect statement of the case.

The motion cannot be sustained. It does not appear from the affidavit offered to support it, or otherwise, that, “by inadvertence, mistake, or accidental misapprehension, the presiding Judge misstated, or failed to state something that ought to appear in the case settled upon appeal,” nor does it appear that the Judge “ would probably make the correction ” the appellant desires to have made. To entitle him to have his motion allowed, such facts ought to appear. Currie v. Clark, 90 N. C. 17.

Motion denied.