Grant v. . Burgwyn
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1880, of Northampton Superior Court, before Gudger, J. The plaintiff began his action against the defendant, Sarah Emily Burgwyn, on the 18th of June, 1877, and in Ins complaint alleged, as his first cause of action, that on the —• day of December, 1857, one Thomas P. Burgwyn and the defendant, Sarah E. Burgwyn, executed their bond to the plain* tiff’s intestate for the sum of $3,059, upon which two partial payments had been made — one -of…
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Civil Action tried at Spring Term, 1880, of Northampton Superior Court, before Gudger, J. The plaintiff began his action against the defendant, Sarah Emily Burgwyn, on the 18th of June, 1877, and in Ins complaint alleged, as his first cause of action, that on the —• day of December, 1857, one Thomas P. Burgwyn and the defendant, Sarah E. Burgwyn, executed their bond to the plain* tiff’s intestate for the sum of $3,059, upon which two partial payments had been made — one -of $500 on the 6th of April, 1859, and the -other of $660 on the 14th of January, 1860 — - and that no other payments had…
1Opinion of the CourtRuffin, J.
We can perceive no error in the refusal of His Honor, either to dismiss the plaintiff’s action, or to allow the defendant, Welsh, a separate trial.
As to the first: It was so clearly the purpose of .counsel to enter a nolle prosequi as to the 2nd and 3rd counts in his complaint and to pursue his action on the first, and this purpose was so unequivocally expressed that it was impossible for any one, either the court or the opposing counsel, to misapprehend it; and it would be a reproach to the law if it were to sacrifice the rights of a party upon a technicality, so strict and unimportant as…
2Cases cited2 opinions
- Woodhouse v. . Simmons, Ex'r.Supreme Court of North Carolina · 1875
- Hill v. . OvertonSupreme Court of North Carolina · 1879
3Cited by13 opinions
- Alston v. . HawkinsSupreme Court of North Carolina · 1890
- Cox v. . BrowerSupreme Court of North Carolina · 1894
- Demai v. . TartSupreme Court of North Carolina · 1942
- Bond v. Wilson.Supreme Court of North Carolina · 1901
- Gupton v. . HawkinsSupreme Court of North Carolina · 1900
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