Jackson v. Hampton.
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Surry County, at the Spring Term 1848, his Honor Judge Pearson presiding. This is an action against the sheriff, as bail for one Forkner, in a suit against him and one Walker — Plea, no ca. sa. against the principal.
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Appeal from the Superior Court of Law of Surry County, at the Spring Term 1848, his Honor Judge Pearson presiding. This is an action against the sheriff, as bail for one Forkner, in a suit against him and one Walker — Plea, no ca. sa. against the principal. There was a verdict by consent for the plaintiff, subject to be set aside and the scire facias quashed, if the Court should be of opinion against the plaintiff on the following facts : The plaintiff sued out a ca.sa. against both defendants and delivered it to a deputy of the defendant, and told him, that his object was to go against the…
1Opinion of the Court
NASH, J., dissentiente. The decision of this Court in Trice v. Turrentine,27 N.C. 236, and Waugh v. Hampton, ib., 241, was the authority which governed the presiding judge in this case, and the present appeal was designed to bring that decision under review. It was given with hesitation by a divided Court. After taking time for deliberation and maturely reflecting on the reasons given in those cases, the Court, believing the opinion to be erroneous, is constrained, though reluctantly, to hold it so.(581) The opinion delivered laid down a position entirely new to the profession and in…
2Cases cited4 opinions
- Bryan v. Simonton.Supreme Court of North Carolina · 1820
- Ferrall v. . BrickellSupreme Court of North Carolina · 1844
- Osborn v. . CunninghamSupreme Court of North Carolina · 1838
- Trice v. . TurrentineSupreme Court of North Carolina · 1844
3Cited by1 opinion
- Smith v. McClureCourt of Appeals of North Carolina · 1975