1 N.C. 40
Superior Court of North Carolina
Decided September 15, 1796
Superior Court of North Carolina · decided 1796-09-15
CASE sur assumpsit. The plaintiff went to trial; proved his debt but could not give evidence to repel the plea of the statute limitations: and suffered a nonsuit. He afterwards offered an affidavit that one of his witnesses, whose testimony he would have been able to prove a re-assumption within three years, was at his counsel's elbow a little before the cause came on, but was out of the court-house at the time he was called.—Whereupon he prayed that the nonsuit be set aside.
Decided 1796-09-15
¶1said he ought to have prayed a continuance.
¶2But on his observing that he had thought that by going to trial and satisfying the court, by the testimony of a witness who attended, that he had a good cause of action, and that he failed only on the proof of a re-assumption: the justice of the case being on his side, he would appear entitled to the favour he prayed:
¶3Let the nonsuit be set aside, on payments of full costs.