Metcalf v. . Alley
Supreme Court of North Carolina
This was an action on the ease tried at September Term, 1840, of Rutherford Superior Court of Law, before his Honor Judge Bailey. The facts appeared to be these; A suit was instituted in the County Court of Rutherford in the name of Lewis Metcalf and John Bradley against one Claton Brown. When the suit was called Brown’s counsel moved to dismiss it, because no bond had been given for its prosecution.
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This was an action on the ease tried at September Term, 1840, of Rutherford Superior Court of Law, before his Honor Judge Bailey. The facts appeared to be these; A suit was instituted in the County Court of Rutherford in the name of Lewis Metcalf and John Bradley against one Claton Brown. When the suit was called Brown’s counsel moved to dismiss it, because no bond had been given for its prosecution. The Court directed that Metcalf be called, (the other plaintiff, Bradley, having left the State,) and he was informed of the motion to dismiss the suit. Metcalf then declared to the Court that he…
1Opinion of the CourtDaniel, J.
It appears that Alley, without authority, caused Metcalf to be joined as a plaintiff in the writ and declaration against Brown. In the progress of that suit, when Metcalf first learned that his name had been used, he came into Court and moved to dismiss it. The motion was opposed by Alley, and at his instance the suit was continued in Court till it was tried, when there was a judgment against the plaintiffs for costs. Bradley being out of the State, Met-calf was forced by execution to pay these costs. It appears to us that the instruction of the Judge, upon these facts appearing in evidence,…
2Cited by1 opinion
- Hackett v. . McMillanSupreme Court of North Carolina · 1893