Wheeler v. . Bouchelle
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Mecklenburg county, at the Spring Term, 1845, his Honor Judge Bailey, presiding. This is a scire facias against the administrator of Thomas Bouchelle, the bail of John E. Bouchelle.
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Appeal from the Superior Court of Law of Mecklenburg county, at the Spring Term, 1845, his Honor Judge Bailey, presiding. This is a scire facias against the administrator of Thomas Bouchelle, the bail of John E. Bouchelle. Among other pleas the defendant pleaded, first, that no Ca-pias ad satisfaciendum had been duly sued out and returned, that the principal was not to be found in his proper conn-, ty; and, secondly, that at the same day the plaintiff sued out a fieri facias and Capias ad satisfaciendum on the said judgment, and afterwards caused the fi. fa. to be levied on certain land of…
1Opinion of the CourtRuffin, C. J.
Although the evidence supported the second plea, yet, 'it is to be observed, that, if that plea was immaterial and' no bar in this case, there was no error in directing a verdict for the plaintiff, on that, as well as the other issue. For, as costs do not in this State go according to success on the several issues, but are given to him who has judgment in the action, it is manifest, that no injury can arise to the defendant by a verdict against him on an issue joined on his immaterial plea ; since, if the verdict were for him, the plaintiff would still be entitled to judgment, notwithstanding…
2Cited by1 opinion
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