Fisher v. . Carroll, and Others
Supreme Court of North Carolina
This was an action of debt, on a note for $768. Plea: Usury. In tbe cause pending between these parties, on tbe Equity side of tbis Court, certain proceedings were directed to be had, in the 'Superior Court of Law, for tbe county of Sampson. See the case reported, 6 IrecT. Eq. 485. In pursuance of said order, tliere was a trial before his Honor Judge Settle, at Fall Term, 1853. The jury returned a verdict for the plaintiff.
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This was an action of debt, on a note for $768. Plea: Usury. In tbe cause pending between these parties, on tbe Equity side of tbis Court, certain proceedings were directed to be had, in the 'Superior Court of Law, for tbe county of Sampson. See the case reported, 6 IrecT. Eq. 485. In pursuance of said order, tliere was a trial before his Honor Judge Settle, at Fall Term, 1853. The jury returned a verdict for the plaintiff. On motion 'of the defendant, his Honor, being of opinion that the verdict was against all the evidence, set it aside, and granted a new trial. The plaintiff prayed an…
1Opinion of the CourtPearson, J.
In this Court a preliminary question is raised: Should the transcript from the Superior Court be returned to the Equity side of this Court, and bo considered upon a motion, in the case there pending, or should it be returned to-the law side, and be considered as a distinct case in that Court ?
This question, it is admitted, depends upon the nature of the proceedings, directed to bo had, in the Superior Court of Law, by the order in the cause in Equity. If an issue was directed, the return should be made to the Equity side of this Court; if, on the contrary, an action at law was directed, the…
2Cited by4 opinions
- Flanagan v. City of ChicagoAppellate Court of Illinois · 1941
- Gilbert v. HopkinsU.S. Circuit Court for the District of Western North Carolina · 1909
- New Jersey Land & Lumber Co. v. Gardener Lacy Lumber Co.U.S. Circuit Court for the District of Eastern North Carolina · 1911
- Reid v. . BarnhartSupreme Court of North Carolina · 1853