¶2The Court concur in opinion with the Recorder, in the view which he has taken of this case. The ver-diet is therefore contrary to law, and a new trial must be granted.
¶3Motion granted.
17 S.C.L. 184
Freer v. Walker
Court of Appeals of North Carolina
Decided February 15, 1829
Court of Appeals of North Carolina · decided 1829-02-15
Tried before the Recorder, in the City Court of Charleston, at November Term, 1828. Held: that it was unnecessary in this case to plead the coverture in abatement ; for it went, not merely to exempt the defendant from liability to be sued, but to defeat the very ground of the action : nor was it necessary to plead it specially in bar; for the bond of a feme-covert was void ab initio, and whatever showed the bond to be…
Decided 1829-02-15