Blake v. . Askew
Supreme Court of North Carolina
Practice in Supreme Court — Feigned Issue. Civil ActioN, tried at Fall Term, 1875, of Wake Superior Court before Henry, J. The action was commenced in a Justice’s Court and taken by appeal to the Superior Court and the facts wrere found to be as follows: That the plaintiff in June, 1874, entered into an agreement with defendant, to-wit; “ For and in consideration of' one dollar paid by said Askew to said Blake and in farther consideration of the mutual promise herein set…
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Practice in Supreme Court — Feigned Issue. Civil ActioN, tried at Fall Term, 1875, of Wake Superior Court before Henry, J. The action was commenced in a Justice’s Court and taken by appeal to the Superior Court and the facts wrere found to be as follows: That the plaintiff in June, 1874, entered into an agreement with defendant, to-wit; “ For and in consideration of' one dollar paid by said Askew to said Blake and in farther consideration of the mutual promise herein set forth, that said Blake is to deliver to said Askew one coupon bond of the State of North Carolina issued since the war,…
1Opinion of the CourtReads, J.
If feigned issues were ever entertained in this State, they are abolished by the Constitution, Art. 4, § 1.
This is manifest by a feigned issue based upon a wager to test the validity of certain bonds said to have been issued b>y the State alleged in the pleadings to amount to $5,000, ■000:
Besides the objection that it is a feigned issue which is forbidden by the Constitution, it is an attempted fraud upon 'the State, by putting her interests in jeopardy and affecting her credit, in a controvery to which she is not a party.
The action is “ not fit to be entertained ” and is therefore ■dismissed.
2Cited by8 opinions
- Anway v. Grand Rapids Railway Co.Michigan Supreme Court · 1920
- Board of Health v. Board of CommissionersSupreme Court of North Carolina · 1941
- Burton v. Durham Realty & InsuranceSupreme Court of North Carolina · 1924
- Hale v. BergIndiana Court of Appeals · 1908
- North Carolina Automotive Trade Ass'n v. DoughtonSupreme Court of North Carolina · 1926
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