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26 N.C. 268

Fleming v. . Halcomb

Supreme Court of North Carolina

Decided June 5, 1844

Supreme Court of North Carolina · decided 1844-06-05

This was an action of debt on a bond for $297, in which the pleas were, non est factum and usury. Upon the issues the jury gave a verdict for the plaintiff, and assessed his damages by way of interest to $32,62. The defendants moved the Court for a hew trial, which was refused; and there was then judgment for the plaintiff for his debt ahd damages as aforesaid, and the defendants appealed therefrom.

Decided 1844-06-05

Ruffin, C. J.

¶1 It has often been decided by this Court, that every judgment is presumed to be right, unless it appear to be erroneous ; and that it is the duty of the appellant to have the matter stated on the record, upon which he insists there is erroF — else the judgment müst be affirmed as a matter of course. No error thus appearing to have been committed at the trial, and none being seen in the pleadings or record, properly so speaking,- we suppose the appeal was merely for delay. At all events there seems to be no ground for reversing the judgment, and therefore it is affirmed.

¶2 Per Curiam, Judgment affirmed.

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