Sharpe v. . Jones
Supreme Court of North Carolina
From Hertford, This was an action of debt brought upon the following note, to-wit: ie We promise to pay Starkey Sharpe, one hundred pounds, withinter-Sc est from the first day of January last, for value received, as witness our “ hands and seals this 22d June, 1810. “ JAMES JONES, (Seal.) « JNO. WINBORNE, (Seal.) w Witness, “ Jko, Askew.” The suit was commenced in May 1816, and the Defendants pleaded severally. The Executors pleaded “ general “ issue and fully administered.”
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From Hertford, This was an action of debt brought upon the following note, to-wit: ie We promise to pay Starkey Sharpe, one hundred pounds, withinter-Sc est from the first day of January last, for value received, as witness our “ hands and seals this 22d June, 1810. “ JAMES JONES, (Seal.) « JNO. WINBORNE, (Seal.) w Witness, “ Jko, Askew.” The suit was commenced in May 1816, and the Defendants pleaded severally. The Executors pleaded “ general “ issue and fully administered.” The Defendant, Win-borne, pleaded the “ general issue and statute of limita- “ tions.” Upon the trial in the County…
1Opinion
In this case the Defendants have severed in their pleading, and one of the pleas pleaded by the Executors has been found for them, namely, the plea of "fully administered." by which they are discharged. The Plaintiff has neither moved for a new trial nor appealed. The plea of the statute of limitations pleaded by the Defendant Winborne, has been found against him, and he has appealed. It would seem to be a hard case upon the Executors, if they were also bound to appeal on that account. It would also be a hard case upon Winborne, if he could not appeal, because the Executors would not join him…
2Cases cited2 opinions
- Roughton v. . BrownSupreme Court of North Carolina · 1861
- Hicks v. . GilliamSupreme Court of North Carolina · 1833