Gregory v. Bray

Decided September 15, 1796

Superior Court of North Carolina · decided 1796-09-15

APPEAL. The transcript of the record was carried up thirteen days before the Superior Court. 2, 1777, 2, 84, 314. The judgment was affirmed, on the second day of the term; unless cause be shewn to the contrary, on the argument day.

Decided 1796-09-15

Stone J.

¶1If the Court had any discretion to exercise, this would be a proper case to use it: but the act is positive.

M’Coy, J.

¶2-The act of assembly leaves the party in this case without a remedy. It is not in the power of the court to create one for him. It has been often adjudged so.

Harris and Badger for the plaintiff. Martin for the defendant.

¶3The judgment was affirmed absolutely.