Pescud v. . Hawkins
Supreme Court of North Carolina
Civil actioN to recover an acceptance of one hundred and ninety-one dollars, tried at the Special (January) Term, 1874, of Waee Superior Court, before his Honor, Judge Tourgee. On the trial below the defendant moved to dismiss the action because the complaint does not set forth a cause of action within the jurisdiction of the Court.
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Civil actioN to recover an acceptance of one hundred and ninety-one dollars, tried at the Special (January) Term, 1874, of Waee Superior Court, before his Honor, Judge Tourgee. On the trial below the defendant moved to dismiss the action because the complaint does not set forth a cause of action within the jurisdiction of the Court. The plaintiff moved to amend the summons and complaint by estimating the interest to the date of the summons, and incorporating that in the demand of the summons and complaint, which would make the amount more than $200. Motion refused. Plaintiff then ashed tobe…
1Opinion of the CourtBynum, J.
The defendant moved the Court to dismiss the action for want of jurisdiction in the Court. This was met by a counter-motion of the plaintiff to be allowed to take a non-suit. His Honor refused to non-suit and dismissed the action.
In this there was error.
A judgment dismissing an action is unknown at the common law, but is an ordinary judgment in equity proceedings, where before the cause is set down for hearing it is certainly not equivalent to a retraxit at law, or a nolle prosequi which ordinarily has the effect of a retraxit; Adams, 373. This term “dismissed” in law proceedings, has come…
2Cases cited1 opinion
- McKesson v. . MendenhallSupreme Court of North Carolina · 1870
3Cited by12 opinions
- Tucker v. . BakerSupreme Court of North Carolina · 1882
- Knight v. Illinois Cent. R. Co.Court of Appeals for the Sixth Circuit · 1910
- Merrick v. Bedford.Supreme Court of North Carolina · 1906
- Wharton v. Commissioners of CurrituckSupreme Court of North Carolina · 1880
- Asbury v. . FairSupreme Court of North Carolina · 1892
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