¶1Were it a plea puis darrein continuance, the plea of non est factum would be thereby waived, and you would have no need to prove the execution of the bond; but unless the other side will concede it to be a plea puisdarrein continuance, the Court cannot take it to be so. It does not purport in itself, nor by the entry of it on the record, to be a plea of some new matter arisen since the last continuance. It might have been, and probably was, a plea added to the others by motion to the court, or by consent of the opposite party, as an original plea. A juror was withdrawn by consent.
2 N.C. 181
Peale v. . Folsome
Superior Court of North Carolina
Decided April 5, 1795
Superior Court of North Carolina · decided 1795-04-05
Cited by 1 later decisions — most recently January 1816
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1795-04-05
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