Smith v. . Cunningham
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Buncombe County, at the Spring Term 1848, his Honer Judge Battle, presiding. This action is brought in assumpsit and commenced by warrant, before a single magistrate against the defendant and one Henderson. Judgment was rendered by the magistrate against both the defendants, and Cunningham appealed to the County Court, from which the case was transferred under the Act of Assembly to the Superior Court.
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Appeal from the Superior Court of Law of Buncombe County, at the Spring Term 1848, his Honer Judge Battle, presiding. This action is brought in assumpsit and commenced by warrant, before a single magistrate against the defendant and one Henderson. Judgment was rendered by the magistrate against both the defendants, and Cunningham appealed to the County Court, from which the case was transferred under the Act of Assembly to the Superior Court. In the latter court the case was continued for several Terms, without any motion being made in it, on either side, though it appeared that the parties…
1Opinion of the CourtNash, J.
That one defendant cannot appeal from a joint Judgment has been considered as the settled law of this State, since the case of Hicks and Gilliam, 4th Dev. 217. That case has been repeatedly noticed in subsequent cases and approved. That the principle operates in many cases harshly, has been felt and admitted, but the principle is considered as sound law. The objection made by the defendant cannot avail him. It was taken in the case of Dunns & Mcllvaine, against Jones, 4th Dev. and Bat. 154 and overruled. In’ that case the action was brought in the County Court of Franklin, against one Ward…
2Cited by3 opinions
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- Mastin v. . PorterSupreme Court of North Carolina · 1848