W. H. Morris & Sons v. Burgess
Supreme Court of North Carolina
This was a Civil actior tried before Armfield, J., and a jury, at Spring Term, 1894, PerquimaNS Superior Court. The action was upon a note and for the foreclosure of a mortgage given to secure it. The plaintiffs moved to amend the complaint and his replication by inserting in either a a judgment rendered in a Court in the state of Virginia, which judgment was recovered upon the note set out in complaint and since Fall Term, 1893, of Perquimans court.
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This was a Civil actior tried before Armfield, J., and a jury, at Spring Term, 1894, PerquimaNS Superior Court. The action was upon a note and for the foreclosure of a mortgage given to secure it. The plaintiffs moved to amend the complaint and his replication by inserting in either a a judgment rendered in a Court in the state of Virginia, which judgment was recovered upon the note set out in complaint and since Fall Term, 1893, of Perquimans court. Motion overruled in discretion of the court. Exception by Plaintiffs. Upon the trial plaintiff offered said judgment to prove that Defendants…
1Opinion of the Court
Avert, J.:
The action was brought for judgment upon a note under seal and for foreclosure of a mortgage upon land executed to secure the debt. The Court had in its discretion refused to allow an amendment, declaring on a judgment rendered on the bond in a court of competent jurisdiction of the State of Virginia, instead of upon the bond itself. The plaintiff offered on the trial a properly certified copy of the judgment to prove that the defendants still owed the debt, for which the note was given. The defendants excepted to its admission as evidence of the' debt and also to the instruction…
2Cases cited5 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Hampton v. M'connelSupreme Court of the United States · 1818
- Holler v. . RichardsSupreme Court of North Carolina · 1889
- Peebles v. Patapsco Guano Co.Supreme Court of North Carolina · 1877
- Ritter v. HoffmanSupreme Court of Kansas · 1886
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