Boyett v. . Vaughan
Supreme Court of North Carolina
Civil ActioN tried on appeal from a Justice’s Court, at January Special Term, 1878, of Halifax Superior Court, before SeJienck, J. Tbe plaintiff in bis complaint before the Justice of the Peace claimed that the defendant was indebted to him in the sum of $105 for lumber, and the defendant denied the debt and pleaded a counter claim due by note from the plaintiff to him for $200. The Justice gave judgment in favor of defendant for $69.13, the excess of his counter claim, and…
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Civil ActioN tried on appeal from a Justice’s Court, at January Special Term, 1878, of Halifax Superior Court, before SeJienck, J. Tbe plaintiff in bis complaint before the Justice of the Peace claimed that the defendant was indebted to him in the sum of $105 for lumber, and the defendant denied the debt and pleaded a counter claim due by note from the plaintiff to him for $200. The Justice gave judgment in favor of defendant for $69.13, the excess of his counter claim, and plaintiff appealed. When the case came on for trial in the Superior Court, the defendant moved for judgment because…
1Opinion of the Court
(SMITH, C. J., and BYNUM, J., Dissenting.) The plaintiff in his complaint before the Justice of the Peace claimed that the defendant was indebted to him in the sum of $105 for lumber, and the defendant denied the debt and pleaded a counterclaim due by note from the plaintiff to him for $200. The Justice gave judgment in favor of defendant for $69. 13, the excess of his counterclaim, and plaintiff appealed. When the case came on for trial in the Superior Court the defendant moved for judgment because there was no replication denying the counterclaim. The Court refused the motion and allowed…
2Cited by4 opinions
- Boyett v. . VaughanSupreme Court of North Carolina · 1881
- Houston v. . SledgeSupreme Court of North Carolina · 1888
- Boyett v. . VaughanSupreme Court of North Carolina · 1882
- Heyser v. . GunterSupreme Court of North Carolina · 1896