Hicks v. . Gilliam
Supreme Court of North Carolina
The plaintiff brought a suit by warrant against Gilliam and one Gays. In the County Court they joined in their pleas, and upon the trial, a verdict was found for the plaintiff against them both and a joint judgment rendered thereupon, from which Gilliam alone prayed and was allowed an appeal to the Superior Court.
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The plaintiff brought a suit by warrant against Gilliam and one Gays. In the County Court they joined in their pleas, and upon the trial, a verdict was found for the plaintiff against them both and a joint judgment rendered thereupon, from which Gilliam alone prayed and was allowed an appeal to the Superior Court. In that court the plaintiff’s counsel moved to dismiss the appeal, but the presiding Judge, (Martin,) overruled the motion and proceeded to try the cause, and the plaintiff obtained a verdict and judgment, from which the defendant appealed to this court. Several points arising on…
1Opinion of the Court
D anieIi, Judge.
There are several questions or points of law submitted for our determination ; but I do not deem it necessary to decide but one of the®, — Can one de-, fondant appeal from a judgment which has been jointly rendered against the two ? I am of the opinion he cannot. The case of Sharp v. Jones and Winbourne, (3 Mnrph. 306,) is not a ease in point for the defendant. — In that case, the defendants severed in their pleas, and there were several judgments; one in favor of Jones the executor, that he go without day; the other against WinborneEov the debt ascertained by the verdict. It…
2Cases cited1 opinion
- Smith v. Indianapolis, Peru & Chicago Railway Co.Indiana Superior Court · 1871
3Cited by3 opinions
- Kelly v. . MuseSupreme Court of North Carolina · 1850
- Kelly v. . MuseSupreme Court of North Carolina · 1850
- Sharpe v. . JonesSupreme Court of North Carolina · 1819