Hamilton v. . Eller
Supreme Court of North Carolina
Appeal from the Superior Court of Law' of Buncombe County, at the Spring Term 1848, his Honor Judge Battle presiding. This is an action of debt on a bond for $150, dated July 14th, 1842, and ■* payable January 1st, 1844, in good trading, to be valued and delivered at Eller’s house.” I’lea, payment. Before the jury was empannelled, the defendant, upon the authority of a letter from the plaintiff to him, moved to dismiss the suit, but the Court refused the motion.
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Appeal from the Superior Court of Law' of Buncombe County, at the Spring Term 1848, his Honor Judge Battle presiding. This is an action of debt on a bond for $150, dated July 14th, 1842, and ■* payable January 1st, 1844, in good trading, to be valued and delivered at Eller’s house.” I’lea, payment. Before the jury was empannelled, the defendant, upon the authority of a letter from the plaintiff to him, moved to dismiss the suit, but the Court refused the motion. In support of the issue, the defendant gave evidence, that, before the bond fell due, and while the plaintiff held it, the plaintiff…
1Opinion of the CourtRuffin, C. J.
The motion to dismiss was not made by the plaintiff or his attorney, but by the defendant, and, as must be understood, against the will of the plaintiff at that time. The alleged letter, under which the defendant assumed the authority, is not set forth, and, hence#. it cannot be seen here, that it conferred it, and that his Honor erred, supposing that the motion could be entertained under any circumstances. We do not, therefore,consider that point; which, moreover the defendant abandons, as he states, that both he and the plaintiff have been-enjoined, at the suit of Deaver, from dismissing…
2Cited by1 opinion
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