Public-domain · open source
OpenJurist

15 N.C. 600

Souter v. . Davenport

Supreme Court of North Carolina

Decided June 5, 1834

Supreme Court of North Carolina · decided 1834-06-05

This action was originally commenced by a warrant in which the defendant was to answer the plaintiff “ in a plea of debt, the sum of one hundred dollars with interest.” The plaintiff was nonsuited before the magistrate and appealed to the County Court of Buncombe, where he obtained judgment for $97 84, principal and $6 03, interest.

Decided 1834-06-05

Gaston, Judge

¶1 After stating the facts as above, proceeded:- — The cause has been here submitted without argument, and the only error assigned by the appellant is clearly not sustainable. After verdict, it appears that defendant’s counsel moved in arrest of judgment upon the ground that the warrant which was the plaintiff’s declaration, and the bond offered in evidence, did Dot correspond; which motion was overruled by the court. Had there been a variance, which we by no means admit, the objection should have been taken on the trial. A motion in arrest can only be founded on some intrinsic cause appearing upon the face of the record.

¶2 The judgment is to be affirmed with costs.

¶3 Per Curiam. — Judgment affirmed.

/15/nc/600 · .json · Public domain