Reports of Cases at Law, Argued and Determined in the Supreme Court of North Carolina: From December Term, 1834, to [December Term, 1839], Both Inclusive, Volume 3P. H. Nicklin & T. Johnson, 1840 - Law reports, digests, etc |
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Page 18
... suit in which the de- erce was rendered . It cannot be denied but that in general , judgments are evidence as to the truth of the matter thereby decided , only between parties and privies ; and the princi- ple upon which this rule is ...
... suit in which the de- erce was rendered . It cannot be denied but that in general , judgments are evidence as to the truth of the matter thereby decided , only between parties and privies ; and the princi- ple upon which this rule is ...
Page 21
... suit , upon a plea of set - off before and at the commencement of the suit , is the time when the writ was sued out from the proper officer , or filled up by the plaintiff's attorney , and not when it is delivered to the sheriff . The ...
... suit , upon a plea of set - off before and at the commencement of the suit , is the time when the writ was sued out from the proper officer , or filled up by the plaintiff's attorney , and not when it is delivered to the sheriff . The ...
Page 22
... suit . This is not true in point of fact . The assignment was on the 8th of July and the suit we think was commenced on the 8th of May preceding , on which day the writ is dated , and as stated in the case , truly dated and filled up ...
... suit . This is not true in point of fact . The assignment was on the 8th of July and the suit we think was commenced on the 8th of May preceding , on which day the writ is dated , and as stated in the case , truly dated and filled up ...
Page 23
... suit . If this standard were departed from , it would be altogether uncertain what would amount to bring suit - a point that cannot be remaining to be settled at this day . The plaintiff has proceeded on that very writ , and brought the ...
... suit . If this standard were departed from , it would be altogether uncertain what would amount to bring suit - a point that cannot be remaining to be settled at this day . The plaintiff has proceeded on that very writ , and brought the ...
Page 24
... suit , and before plea , was good . It does not appear certainly , nor can it be collected from observations on it in subsequent cases , what was the form of the plea . There is reason , however to say , that it was actio non ; because ...
... suit , and before plea , was good . It does not appear certainly , nor can it be collected from observations on it in subsequent cases , what was the form of the plea . There is reason , however to say , that it was actio non ; because ...
Common terms and phrases
action administrator adverse possession aforesaid agreement alleged ASSUMPSIT bill bond Britton Johnson charged the jury claim common law contract conveyance counsel appeared County Court creditors CURIAM death debt debtor deceased declared deed defendant defendant appealed defendant's DETINUE endorsement entitled evidence execution executor facias fact felony fendant fieri facias GASTON grant heirs indictment inferred insolvent intent intestate Isaac Sowell issue Judgment affirmed Judgment reversed June justice land last circuit lessor levy ment negro nonsuit objection offence opinion paid parties payment person plaintiff plaintiff's lessor plea pleaded possession prisoner proceedings proved purchaser Queen's creek question record recover rendered rule scire facias sheriff sheriff's deed shew slave sold Stat statute suit Superior Court surety tenant term testator thereof tiff tion tract trespass trial trust usurious void William William Kemp witness words writ