Walton v. . McKesson
Supreme Court of North Carolina
Debt, tried before Mitchell, at Fall Term 1869 of Bubke Court. The plaintiff declared upon a single bill executed to Mm by the defendants, W. F. McKesson, Charles McDowell, the intestate of the defendant N. W. Woodftn, and James McKesson, the intestate of the defendant W. F. McKesson as adm’r. The pleas were Payment and Set-off.
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Debt, tried before Mitchell, at Fall Term 1869 of Bubke Court. The plaintiff declared upon a single bill executed to Mm by the defendants, W. F. McKesson, Charles McDowell, the intestate of the defendant N. W. Woodftn, and James McKesson, the intestate of the defendant W. F. McKesson as adm’r. The pleas were Payment and Set-off. On the trial the defendant McKesson, offered in evidence a book account alleged to be due to him by the plaintiff together with one Thomas S. Walton, as partners. This evidence was objected to by the plaintiff, and excluded by the court. The defendant excepted.…
1Opinion of the CourtRodman, J.
This suit began by writ issued March 14th 1866; and although the pleas appear not to have been put in until Fall Term 1869, it was a suit pending at the ratification of the Code of Civil Procedure, and therefore to be tried by existing laws: Teague v. James, 63 N. C. 91; Gaither v. Gibson, Id. 93.
We think the cases of State Bank v. Armstrong, 4 Dev. 523, and Jones v. Gilreath, 6 Ire. 338, are decisive against the defendant. This case may be enlightened from Hurdle v. Hanner, 5 Jon. 360, which was cited for the defendant, in this: in that case there was but one defendant, here there are…
2Cases cited1 opinion
- Teague v. . JamesSupreme Court of North Carolina · 1869
3Cited by4 opinions
- Wilson v. . PearsonSupreme Court of North Carolina · 1889
- Walton v. . McKessonSupreme Court of North Carolina · 1888
- Michigan Sanitarium & Benevolent Ass'n v. NealSupreme Court of North Carolina · 1927
- Dameron v. . CarpenterSupreme Court of North Carolina · 1925