3 N.C. 239
Superior Court of North Carolina
Decided April 15, 1803
Superior Court of North Carolina · decided 1803-04-15
HE now plaintiffs were surties on an appeal bond, drawn differently from what is prescribed by the act of Assembly. The Court of Conference had condemned such bonds in other cases, and discharged the defendants. Upon this bond, however, being with condition “ to pay all costs and charges in case the appellant should he cast ,3’ this court l;#u entes ed up judgment against them imtanter on motion, for the principal and costs.
Cited by 1 later decisions — most recently November 1798
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1803-04-15
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¶1took time to consider, and discharged the super* sedeas — saying, that though the judgment was erroneous, he had no power to alter it.
¶2Vide Andrews 20, where, in an action of account, the defendant pleaded that he had fully accounted ; the jury found he had not, and assessed damages; T;-e plaintiff entered final judgment and issued execution, and the whole court decided that the judgment was wrong j and that being irregular, it may be set aside on motion.