34 N.C. 251
Supreme Court of North Carolina
Decided August 5, 1851
Supreme Court of North Carolina · decided 1851-08-05
The defendant was arrested on a capias ad satisfacien-dum. on a Justice’s judgment, and entered into bond under the act for the relief of honest insolvent debtors. On the return of the, proceedings, the plaintiff moved the County Court to amend the. execution, and it was allowed. The defendant prayed an appeal, and, having surrendered himself in discharge of his sureties and been ordered into custody, he was allowed to appeal.
Decided 1851-08-05
¶1 The two motions of the plaintiff were entirely inconsistent. The appeal was dismissed at his instance for the want of jurisdiction, and the defendant acquiesced therein. It necessarily followed, that there could not be judgment for the debt, since that would imply jurisdiction and a decision on the merits.
¶2 Per Curiam. Judgment affirmed.