Wilson v. . Pharr
Supreme Court of North Carolina
ActioN of assumpsit, tried before Manly Judge, Spring Term, 1855, of Cabarrus Superior Court. The case at first stood on the plea of “non assumpsit.” At this term the defendant pleaded further, “ aeeord and satisfaction since the last continuance? which plea the plaintiffs admitted to be true.
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ActioN of assumpsit, tried before Manly Judge, Spring Term, 1855, of Cabarrus Superior Court. The case at first stood on the plea of “non assumpsit.” At this term the defendant pleaded further, “ aeeord and satisfaction since the last continuance? which plea the plaintiffs admitted to be true. There were cross motions for the taxation of costs, but his Honor being of opinion that the plaintiff was entitled to costs, up to the time of entering the plea since the last continuance, gave judgment against the defendant, from which he appealed.
1Opinion of the CourtNash, C. J.
In the judgment below, there is error. By the 79th section of the Act of 1836, Bev. Stat. ch. 31, it is enacted: “ the party in whose favor judgment shall be given, or in oase of a non suit, dismission or discontinuance, the defendant shall be entitled to full costs, unless where it is or may be otherwise directed by Statute.” ¥e know of no subsequent Act altering this general provision, except in special cases.
In this case, the defendant, after the cause had been put to issue, pleaded, since the last continuance, accord and satisfaction■, which was admitted by the plaintiff, and a judgment…
2Cited by2 opinions
- Gubbs v. . EllisSupreme Court of North Carolina · 1816
- Petit v. Western Coal & Min. Co.District Court, W.D. Arkansas · 1903