Bain v. . Hunt
Supreme Court of North Carolina
Fi’om Cabarrus. Wilson, at a former term, read an affidavit made by the defendant, setting forth that a verdict had been rendered against him, and that he had intended to move fora new trial, but was prevented by the following facts. Court adjourned on Friday of the term to meet on the morning of the next day at the hour of eight, but the Judge left the county on Saturday morning at six for his next court, and consequently defendant could not move for a new trial.
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Fi’om Cabarrus. Wilson, at a former term, read an affidavit made by the defendant, setting forth that a verdict had been rendered against him, and that he had intended to move fora new trial, but was prevented by the following facts. Court adjourned on Friday of the term to meet on the morning of the next day at the hour of eight, but the Judge left the county on Saturday morning at six for his next court, and consequently defendant could not move for a new trial. On this affidavit, a certiorari was moved for. Per curiam. Let a certiorari issue as prayed for. And now, on the return of the…
1Opinion
The judgment which is declared on in this case is compared to a foreign judgment on which assumpsit will lie; but, if this position be correct, it follows that it is only prima facie evidence of the debt, and that upon the general issue of non assumpsit it is competent to the defendant to impeach the justice of the judgment by showing it to have been irregularly or unduly obtained, for in this action anything may be given in evidence that shows that nothing is due. Bull. N. P., 152. But I think it may be collected from the acts on this subject that the Legislature meant to give judgments…
2Cases cited1 opinion
- Williford v. . ConnerSupreme Court of North Carolina · 1828