Pugh v. . York
Supreme Court of North Carolina
This was a Civil ActioN, originally commenced in a Court of Justice of the Peace, and brought by writ of reeordari, to the Superior Court of EaNDOLPh county, where it. was heard at Spring Term, 1875, before his Honor, Kerr, J. The facts pertinent to the points raised and decided in this court, are fully stated in the opinion of Justice Eeade. From the refusal of his Honor to place the case on the trial docket, the defendant appealed.
1Opinion of the CourtEeade, J.
The plaintiff had obtained judgment against the defendant beforq a Justice of the Peace. The defendant had filed a petition for a writ of recordari to take the case up to the Superior Court. While that petition was pending, and before the Superior Court had determined whether it shordd be put upon the trial docket, the defendant was declared a. bankrupt, and received his discharge.
At Spring Term of the Superior Court, 1875, the defendant moved to have the case put upon the trial docket, and offered to plead his discharge in bankruptcy. His Honor refused to put it upon the trial docket,'upon…
2Cited by2 opinions
- Holmes Electric Co. v. Carolina Power & Light Co.Supreme Court of North Carolina · 1929
- Dawson v. . HartsfieldSupreme Court of North Carolina · 1878