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3 N.C. 187

Johnston v. Pasteur

Superior Court of North Carolina

Decided July 15, 1802

Superior Court of North Carolina · decided 1802-07-15

<p>Tp^ETINUE. Qa a motion on the part of the defendant for a a new trial,.</p>

Decided 1802-07-15

Taylor, Judge,

¶1gave hr.s opinion. The objection to this verdict is that the-husnaud should have sued alone* The detainer-commenced before the marriage. Notwithstanding the great number of authorities which are rdied upon in support of the motion, I am of opinion, clearly, that the husband could not sue alone. It is true that he is barred by the act of limitations if he fould. In order however that the opinion of another judge may bs obtained I will grant a new trial*

¶2New trial granted.

¶3See' the stote to the case of ths administrators of Neale ttót Haddock-.

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