Hinckle v. Carruth

Decided December 6, 1814

Supreme Court of South Carolina · decided 1814-12-06

Motion to set aside a nonsuit. Assumpsit, in the Circuit Court of Greenville district, before Brevard, J., founded on certain proceedings of the court of Burke county, in North Carolina. At the trial, it was objected by the' defendant, that the proceeds ings produced in evidence were not duly authenticated, according to the act of congress. This objection was overruled. It was then objected, that it did not appear any judgment had been rendered.

Decided 1814-12-06

Nott, J.

¶1I am aware, that the proceedings in the inferior courts of North Carolina, and some of the Other States, are very irregular. I believe that judgments are never formally entered up. I am disposed, therefore, to extend all possible indulgence and lib. erality towards them ; and I believe our courts have given effect to them, wherever they have found a single word, or act of the court from whence a judgment could be inferred. But the verdict alone, ¡cannot be received as evidence of a judgment. The motion, there, fore, must be discharged.

Smith, Colcocb., Bay, and Gkimke, concurred.

¶2Motion denied.