Jacobs v. . Smallwood
Supreme Court of North Carolina
Debt, tried upon demurrer, before Buxton, J., at Spring Term 1868 of the Superior Court of NORTHAMPTON. The suit had been brought in the County Court, upon a bond dated on the 29th of May 1867 The defendant pleaded to the jurisdiction, on the ground that the bond declared on had been given in renewal of a debt contracted before January 1st, 1865. To this the plaintiff demurred. In the County Court the demurrer was sustained.
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Debt, tried upon demurrer, before Buxton, J., at Spring Term 1868 of the Superior Court of NORTHAMPTON. The suit had been brought in the County Court, upon a bond dated on the 29th of May 1867 The defendant pleaded to the jurisdiction, on the ground that the bond declared on had been given in renewal of a debt contracted before January 1st, 1865. To this the plaintiff demurred. In the County Court the demurrer was sustained. Upon appeal his Honor below overruled the demurrer, pro forma, and the plaintiff appealed. It was agreed that if the demurrer were sustained, judgment should be rendered…
1Opinion of the Court
* NOTE. — This case and the five next succeeding, are the STAY LAW cases. The opinion in the present case covers all. The suit had been brought in the County Court, upon a bond dated on the 29th of May 1867. The defendant pleaded to the jurisdiction, on the ground that the bond declared on had been given in renewal of a debt contracted before January 1st, 1865. To this the plaintiff demurred.
In the County Court the demurrer was sustained. Upon appeal his Honor below overruled the demurrer, pro forma, and the plaintiff appealed.
It was agreed that if the demurrer were sustained, judgment should…
2Cited by11 opinions
- Hughes v. . HodgesSupreme Court of North Carolina · 1889
- Gay v. . GrantSupreme Court of North Carolina · 1888
- Latham v. . WhitehurstSupreme Court of North Carolina · 1873
- Johnson v. . WinslowSupreme Court of North Carolina · 1870
- City of Raleigh v. JordanSupreme Court of North Carolina · 1940
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