Johnson v. . Winslow
Supreme Court of North Carolina
Action for money, begun before a magistrate, and tried by Buxton, J., upon appeal, at Spring Term 1869, of Cumberland Court.
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Action for money, begun before a magistrate, and tried by Buxton, J., upon appeal, at Spring Term 1869, of Cumberland Court. The note upon which the action was founded, was given February 4th 1860. The summons was issued May 15th 1869, returnable on the 29th of the same month; on the last mentioned day the defendant moved to amend the writ so as to make it returnable (in accordance with the recent act of March 22d 1869, in relation to Proceedings before Magistrates) at the end of ninety days from the day on which it was issued. The Magistrate made an order accordingly, and the plaintiff…
1Opinion of the CourtReade, J.
A contract without a remedy in the Courts' to enforce it, amounts to nothing; and therefore the law must furnish a remedy. But it need not furnish particular remedy. The remedy may be changed from time to time for the convenience of the courts, and for the purposes of justice, and such change does not inpair the obligation of contracts. A change of remedy, however, not for those purposes but for the favor of one party at the expense of the other, and which does in fact, materially and injuriously affect the rights ,of a party, impairs the obligation of the contract and is void. From the…
2Cases cited1 opinion
- Jacobs v. . SmallwoodSupreme Court of North Carolina · 1869
3Cited by1 opinion
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