Walters v. . Walters
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Robeson County, at the Spring Term, 1851, his Honor Judge Marly presiding. This was an action originally commenced before a Justice of the Peace on a bond, of which a copy accompanies this case, marked A. The defendant pleaded general issue, and payment, accord, and satisfaction.
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Appeal from the Superior Court of Law of Robeson County, at the Spring Term, 1851, his Honor Judge Marly presiding. This was an action originally commenced before a Justice of the Peace on a bond, of which a copy accompanies this case, marked A. The defendant pleaded general issue, and payment, accord, and satisfaction. The execution of the bond was proven by the subscribing witness thereto, who also proved that a suit, which had been pending between the same parties in the Superior Court of Robeson, was compromised; the terms of which were reduced to writing, signed ana sealed by the…
1Opinion of the CourtNash, J.
This case was before the Court at June Term, 1850, and the principles of law, there discussed and decided by the Court, are decisive of the case as now presented. The case, then, did not set forth what amount of costs were to be paid by the defendant. The Court says, “ as the amount of the costs which the defendant agreed to pay, and did pay, is not stated, and the opinion of the Court was given against the plaintiff, without any reference to the amount, it must be understood that the opinion rested exclusively upon the agreement, that the bond should be void or be delivered up, if or when…
2Cited by4 opinions
- Hawkins v. JohnsonCourt of Appeals of Texas · 1915
- Shaw v. NolenCourt of Appeals of Texas · 1929
- Walters v. . WaltersSupreme Court of North Carolina · 1850
- Woodson v. BeckSupreme Court of North Carolina · 1909