Griffin v. . Hinson
Supreme Court of North Carolina
Motion to correct a judgment, heard before Shemieed, J., at the last Superior Court of Pasquotank. The suit in which the judgment in question was entered, had been returned io the County Court of Pasquotank, at the trial term of which Court, the defendants’ pleas were withdrawn, and a judgment final by default was taken ; whereupon the defendants appealed to the Superior Court.
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Motion to correct a judgment, heard before Shemieed, J., at the last Superior Court of Pasquotank. The suit in which the judgment in question was entered, had been returned io the County Court of Pasquotank, at the trial term of which Court, the defendants’ pleas were withdrawn, and a judgment final by default was taken ; whereupon the defendants appealed to the Superior Court. In the Superior Court, the cause being reached for trial, the Judge directed the clerk to make the calculation of interest, and to enter up judgment according to his calculation, which he did. Upon notice given, the…
1Opinion of the CourtBattle, J.
The transcript of the record of the suit, in which the judgment was entered, which the plaintiff seeks to have amended, shows that the action was debt upon a specialty ; that the pleas, which had been entered, were withdrawn in the County Court, where the suit had been commenced, and that the clerk entered up a judgment by default, according to specialty filed, for $1278, with interest from the 15th March, 1855, and for costs; that upon an appeal to the Superior Court, there being no pleas, judgment of the Court was given, “ that the plaintiff do recover against the defendants $1273…
2Cited by1 opinion
- Walters v. . WaltersSupreme Court of North Carolina · 1850