Smith v. . Arthur

On 12 July, 1889, plaintiff brought suit against defendants, returnable to Fall Term of Swain Superior Court. In this action R. L. Cooper became plaintiff's surety for the prosecution of his suit. Plaintiff filed his complaint and defendants filed their answer in which they set up a counterclaim to plaintiff's action. At Fall Term, 1891, plaintiff recovered judgment against defendants for the sum of $2,445, and cost of action.

But this trial did not dispose of defendants' counterclaim and the case was retained on the docket until that could be disposed of, and execution of plaintiff's judgment…