Bond v. . McNider
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Gates county, at Spring Term, 1843, his Honor Judge PearsoN presiding. This was an action of debt upon a note under seal, for $930 80. The defence relied on, was the plea of a former trial and judgment for the same cause of action, to whicii the plaintiff replied, anul tiel record and there was also a plea of ‘'accord and satisfaction.”
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Appeal from the Superior Court of Law of Gates county, at Spring Term, 1843, his Honor Judge PearsoN presiding. This was an action of debt upon a note under seal, for $930 80. The defence relied on, was the plea of a former trial and judgment for the same cause of action, to whicii the plaintiff replied, anul tiel record and there was also a plea of ‘'accord and satisfaction.” In support of the first plea, the defendant offered a record of a suit from the County Court of Cnowan, from which it appeared that an action had been instituted by the plaintiff against the defendants, in that court,…
1Opinion of the CourtDaniel, J.
At common law, there is no form of an entry in the books of a judgment dismissing an action. Every judgment against a plaintiff, is eiiber upon a retraxit, non pros., nonsuit, nolle prosequi, discontinuance, or a judgment on an issue found by the jury in favor of the defendant, or upon demurrer. The inducements or preliminary recitals in these several kinds of judgments are variant, but the conclusion in each is always the same; it is as follows ; « Therefore it is considered by the court that the plaintiff take nothing by his writ, and that the defendant go without day, and recover of the…
2Cited by3 opinions
- Grimes v. . AndrewsSupreme Court of North Carolina · 1915
- Weeks v. McPhail.Supreme Court of North Carolina · 1901
- Steele v. . BeatySupreme Court of North Carolina · 1939