Glenn v. Farmer's Bank of North Carolina
Supreme Court of North Carolina
Civil actioN, commenced in a Justice’s Court, and from thence carried by appeal to the Superior Court of Guilford county, where it was tried before Tourgee, Jat Spring Term, 1,873. Plaintiff sued out twenty-one summons before a Justice of the Peace for the recovery of certain bank bills issued by de-rendan t, and obtaining, j udgment, the defendant appealed to the Superior Court.
Read the full summary
Civil actioN, commenced in a Justice’s Court, and from thence carried by appeal to the Superior Court of Guilford county, where it was tried before Tourgee, Jat Spring Term, 1,873. Plaintiff sued out twenty-one summons before a Justice of the Peace for the recovery of certain bank bills issued by de-rendan t, and obtaining, j udgment, the defendant appealed to the Superior Court. Upon the call of the case, his Honor ordered pleadings to be filed, and the defendant moved to consolidate the several suits into one action. Motion refused, and defendant excepted. Defendant then moved that the…
1Opinion of the CourtRodmam, J.
We will consider the exceptions of the defendant successively :
1. That the Judge refused to consolidate the several actions of the plaintiff against the defendant. We are inclined to think that no appeal will lie from such a refusal, as apparently it does not affect any substantial right of the defendant, O. C. P.. sec. 299. Expressing no opinion on this, we think the refusal of the Judge was right. It did not appear that the bills sued on in the several actions were all of the same character, and issued under the same circumstances, so that the defences would be the same to all. Buie v.…
2Cases cited1 opinion
- Weith v. City of WilmingtonSupreme Court of North Carolina · 1873
3Cited by26 opinions
- Washer v. SmyerTexas Supreme Court · 1919
- New v. WalkerIndiana Supreme Court · 1886
- W. R. Grace & Co. v. StricklandSupreme Court of North Carolina · 1924
- Union Trust Co. v. Preston National BankMichigan Supreme Court · 1904
- Morrison v. . BakerSupreme Court of North Carolina · 1879
21 more not listed; retrieve them via the Exa API.