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13 N.C. 1

Watts v. . Scott

Supreme Court of North Carolina

Decided December 5, 1828

Supreme Court of North Carolina · decided 1828-12-05

From Orange. After the new trial granted in this cause, at December Term, 1827, (ante 1 vol. 291) it was again tried before Ruffin Judge, on the last circuit, when the case upon the record was, that the Plaintiff, as Treasurer of the town of Hillsborough, had sued out the following warrant against the Defendant. “ To the Constable, &c. You are hereby commanded to take the body of T. S &r. o answer the complaint of T. D. W. Treasurer, &c. for the sum of ten dollars, for…

Decided 1828-12-05

Hall, Judge.

¶1 It cannot be expected that the cause of action should have been set forth at large in the warrant. “ The amount claimed, and how due” is shown. It is stated to be for $10, for violating the 28th section of the ordinances of said town. Th is is enough I think to give the Defendant notice of what the complaint was, so that he might have been prepared for trial; on the trial he should be at liberty to prove the ordinance, as •well as a breach of it by the Defendant.

¶2 Per Curiam. Let the judgment below be reversed, and judgment entered for the Plaintiff.

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