Buncombe Turnpike Co. v. M'Carson
Supreme Court of North Carolina
This was an action of debt for a penalty incurred by the defendant for refusing to work on the plaintiffs’ road, commenced by warrant before a single Justice, and carried by successive appeals to the Superior Court, where it was tried at Buncombe on the Fall Circuit of 1833, before his Honor Judge Norwood.
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This was an action of debt for a penalty incurred by the defendant for refusing to work on the plaintiffs’ road, commenced by warrant before a single Justice, and carried by successive appeals to the Superior Court, where it was tried at Buncombe on the Fall Circuit of 1833, before his Honor Judge Norwood. The warrant against the defendant was, “ to answer the complaint of the President and Directors of the Buncombe Turnpike Company in a plea of debt of six dollars, due by failing to work on their road as he was warned to do, between the first day of January and the last day of February,…
1Opinion of the Court
Ruffin, Chief Justice.
— There is a defect in the warrant, for which the Court is obliged to reverse the judgment of the Superior Court, and arrest the judgment. The process has no reference to the statutes which give the penalties sued for; and the omission has been held to be fatal. Scroter v. Harrington, 1 Hawks, 192. The objection was not taken in the Superior Court; nevertheless, under the act of 1818 (Rev. ch. 962, sec. 4), this Court cannot overlook it, because our judgment must be such as, upon the whole record, that of the Superior Court ought to have been.
We suppose, however, that…
2Cases cited3 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Fleckner v. President of the Bank of the United StatesSupreme Court of the United States · 1823
- President of the Highland Turnpike Co. v. M'KeanNew York Supreme Court · 1813
3Cited by9 opinions
- State v. BrittonWashington Supreme Court · 1947
- Green Mountain School District No. 103 v. DurkeeWashington Supreme Court · 1960
- State v. . RhodesSupreme Court of North Carolina · 1932
- State v. FranksSupreme Court of North Carolina · 1964
- GREEN MT. SCH. DIST. v. DurkeeWashington Supreme Court · 1960
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