Kelly v. . Muse
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Moore County, at the Spring Term 1850, his Honor Judge Settle presiding. The plaintiff warranted four defendants, Muse, Spivej^ McNeill, and McDonald, on a former judgment for $40, and on the 1st of January, 1837, judgment was rendered against the four for debt, interest, and costs.
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Appeal from the Superior Court of Law of Moore County, at the Spring Term 1850, his Honor Judge Settle presiding. The plaintiff warranted four defendants, Muse, Spivej^ McNeill, and McDonald, on a former judgment for $40, and on the 1st of January, 1837, judgment was rendered against the four for debt, interest, and costs. The Justice then made this entry: “The defendant, Jesse F. Muse, no other defendant in the case being present, prays an appeal, and it is granted, by giving for surety one Wil* liam D. Harrington.” In the County Court several pleas were put in generally for the defendants,…
1Opinion
This case presents the question, Is a judgment against two or more joint? or is it joint and several, and to be treated in its consequences as if the defendants had been severally sued?
The decision of Trice v. Turrentine, 32 N.C. 443, and Jacksonv. Hampton, ib., 579, was put by me upon the ground that the acts of 1789, 1796 and 1797 were intended to do away with the hardships growing out of the doctrine of joint obligations, joint judgments, and survivorships, and had made a change in the law by abolishing the principle of the English (188) law as to joint judgments, and introducing the…
2Cases cited6 opinions
- Lewis Ex Rel. Smith v. FaganSupreme Court of North Carolina · 1830
- Brown v. . ConnerSupreme Court of North Carolina · 1849
- Hicks v. . GilliamSupreme Court of North Carolina · 1833
- Jones v. . ThomasSupreme Court of North Carolina · 1816
- Commirsioners of Newbern Ex Rel. Pritchett v. DawsonSupreme Court of North Carolina · 1849
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