Hunt v. Crowell.
Supreme Court of North Carolina
1- From Nash. This was a suit commenced before a Justice of the Peace and came to the County Court by appeal. In the County Court the Defendant pleaded in abatement that the warrant was not made returnable within thirty days, Sundays excepted; whereupon Plaintiff moved for leave to amend by inserting in the warrant, the words, “ within thirty days, Sundays excepted,” which was granted by the Court.
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1- From Nash. This was a suit commenced before a Justice of the Peace and came to the County Court by appeal. In the County Court the Defendant pleaded in abatement that the warrant was not made returnable within thirty days, Sundays excepted; whereupon Plaintiff moved for leave to amend by inserting in the warrant, the words, “ within thirty days, Sundays excepted,” which was granted by the Court. The Defendant thereupon, appealed to the Superior Court, where the Plaintiff objected that the appeal was improperly taken in a matter from the decision of which no appeal would lie. The case was…
1Opinion of the Court
The defendant thereupon appealed to the Superior Court, where the plaintiff objected that the appeal was improperly taken in a matter from the decision of which no appeal would lie.
The case was referred to this Court to say whether the appeal was properly taken and could be sustained, or whether the Superior Court had no jurisdiction of the cause; and if the cause be remanded to the County Court, whether any, and what judgment shall be rendered in the Superior Court. I am of opinion that the County Court did right in allowing the amendment of the warrant, and that the judgment thus pronounced…
2Cited by1 opinion
- Mastin v. . PorterSupreme Court of North Carolina · 1848