West v. . Ratledge
Supreme Court of North Carolina
Debt in which the plaintiff claimed in his writ to recover of the defendant the sum. of $213 .82, which the defendant “ owes and detains to bis damage $213'32.” The declaration contained two counts: The first was in debt for $213 32 upon the Statute of usury (Act of .1741, Rev. c. 23) for the corrupt loan by the defendant to one John Cook and Daniel Casey of $80, and taking for the forbearance thereof, from the 26th of September, 1826 until the same day in the following…
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Debt in which the plaintiff claimed in his writ to recover of the defendant the sum. of $213 .82, which the defendant “ owes and detains to bis damage $213'32.” The declaration contained two counts: The first was in debt for $213 32 upon the Statute of usury (Act of .1741, Rev. c. 23) for the corrupt loan by the defendant to one John Cook and Daniel Casey of $80, and taking for the forbearance thereof, from the 26th of September, 1826 until the same day in the following year, the sum, $106 66, with the usual averments. The second was precisely similar, except that in it the plaintiff sought…
1Opinion of the Court
Daniei, Judge.
After stating the case proceeded: In deciding the question, whether a variance between the writ and declaration can, after verdict, be taken advantage of by the defendant in arrest of judgment, it becomes necessary to make some observations upon the^ law and practice of the courts in England, as well as the law and practice of the courts of this State, and also on the decisions that have been made in this court on the subject. In England, when a person is about to commence a suit, the usual course of proceeding is, in the first place, to execute a warrant to an attorney of the…
2Cases cited4 opinions
- Joy v. ThompsonMichigan Supreme Court · 1844
- Denis v. LeclercSupreme Court of Louisiana · 1811
- Taylor v. MorganSuperior Court of Louisiana · 1812
- Terry v. PattonSupreme Court of Louisiana · 1816
3Cited by2 opinions
- Foscue v. . FoscueSupreme Court of North Carolina · 1825
- Hutchins v. . McLeanSupreme Court of North Carolina · 1800