Jones v. . Henry
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1880, of Jackson Superior Court, before Gilmer, J. The action was brought to recover from the defendants, R. M. Henry and Marcus Erwin, as obligors, the amount of a single bill alleged to be executed by them to the plaintiff for the sum of four hundred and forty dollars, due twelve months after date, with interest from date, and dated March 18th, 1857. Its execution was witnessed by Z. B. Vance.
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Civil Action tried at Fall Term, 1880, of Jackson Superior Court, before Gilmer, J. The action was brought to recover from the defendants, R. M. Henry and Marcus Erwin, as obligors, the amount of a single bill alleged to be executed by them to the plaintiff for the sum of four hundred and forty dollars, due twelve months after date, with interest from date, and dated March 18th, 1857. Its execution was witnessed by Z. B. Vance. There are two credits endorsed on the bond of one hundred dollars each, on the 18th day of March, 1867. The defendants denied the execution of the bond, insisted that…
1Opinion of the Court
Ash®, J.
The exception of defendants to the admission • of the memorandum as evidence of the execution of the bond was not well taken. As no objection was made in the • court below that the memorandum was not upon the docket, we must presume that it was there entered, and being entered, it must be regarded as having been entered with the consent of the parties or their counsel, under the sanction of the court. This presumption is supported by the fact that the memorandum of the admission of the execution of the bond is entered in connection with, and inserted between ■two orders of the court,…
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