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FRYER v. BLACKMORE
Supreme Court of North Carolina
Dec 1, 1805
Important Paras
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A, being administrator of B, is summoned as a garnishee in a case pending in the County Court. He is examined and an issue made up and found against him; he prays an appeal, but does not give bond for the appeal until the next term, in consequence of which the appeal is dismissed. A writ of certiorari will lie to remove the cause to the Superior Court.
From Wilmington.
BY THE COURT.
The writ of certiorari is the proper remedy for the defendant in this case, and we concur in the opinion expressed by the judge upon the hearing of this cause in the court below, that the cause should be placed on the trial docket.
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