Merrell v. Stuart

"WiNBORNE, J.

That tbe complaint is subject to successful attack by demurrer, we are in accord with tbe court below.

At tbe outset it is appropriate to note tbat tbe common law offenses of champerty and maintenance bave been considered and condemned in tbis State, notably in these cases: Martin v. Amos (1851), 35 N. C., 201; Barnes v. Strong, 54 N. C., 100; Munday v. Whissenhunt, 90 N. C., 458. Compare Smith v. Hartsell, 150 N. C., 71, 63 S. E., 172.

A review of these cases is deemed pertinent.

In Martin v. Amos, supra, tbe Court held tbat a bond executed by defendants for payment of $200 to…