Teague v. . James
Supreme Court of North Carolina
Debt, tried before Mitchell, J., at Fall Term 1868 of the-Superior Court of Alexander. The action had been commenced by warrant before a Justice of the Peace issued September 5th 1867, upon a bond dated March 8th 1867, and from a judgment against him the-defendant appealed to the Superior Court.
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Debt, tried before Mitchell, J., at Fall Term 1868 of the-Superior Court of Alexander. The action had been commenced by warrant before a Justice of the Peace issued September 5th 1867, upon a bond dated March 8th 1867, and from a judgment against him the-defendant appealed to the Superior Court. The defendant pleaded General Issue, No consideration, and Failure of consideration; and offered to prove that the bond was given for a horse sold to defendant by the plaintiff, — which, some while-before, the plaintiff had conveyed to a trustee for the payment of certain debts, and that after the…
1Opinion of the Court
PearsoN. C. J.
It was properly conceded on the argument, that if this case is to be governed by the old rules of “ practice and procedure ” there is no error in the ruling of his Honor in the Court below.
But it was insisted that the new rules of “ practice and procedure, ” are applicable to the case. And if so, the defendant should be allowed to prove his counter-claim as a defence to the action. We are of opinion that the new rules are not applicable, and that his Honor was right in proceeding according to the old rules.
The action was commenced prior to the ratification of the “ Code of Civil…
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