McCrea v. Starr.
Supreme Court of North Carolina
> From Tyrrell. J After verdict, the Defendant moved to arreátthe judgment, for that the warrant was not made returnable within thirty days, Sundays excepted, nor was the time or place of trial mentioned therein.
1Opinion of the CourtIi aii, Judge
When there is an appeal from the judgment of a justice of the peace to the County Court, the Defendant may plead in any way he thinks proper •, he is not bound by any defence which he made before the justice, because there is no correct way of ascertaining what that defence was. But when he enters his pleas in the County Court, he is bound by them, because they become matters of record. If, therefore, upon the trial before the justice,- he defends as to the merits, upon an appeal to the County Court, he may plead in abatement. But if in the County Court he plead to the merits, and neglect to…
2Cited by2 opinions
- Gordan v. . Gas Co.Supreme Court of North Carolina · 1919
- Gorgon v. Pintsch Gas Co.Supreme Court of North Carolina · 1919