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6 S.C.L. 471

Hincle v. Carruth

Supreme Court of South Carolina

Decided November 15, 1814

Supreme Court of South Carolina · decided 1814-11-15

Columbia, November'Perm. 1814. Assumpsit on a judgment and issue on non-assumpsit. from North-Carolina ; 7 On production of the record, there appeared to have been a verdict only, and no judgment. The presiding Judge granted a non-suit. A motion is now made to set aside that non-suit.

Decided 1814-11-15

Nott, J.

¶1I am aware, that the proceedings 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 liberality towards them : and I believe our courts have given effect to them, wherever have found a single word, or act of the court, from *472w^ence a judgment eould be inferred. But the ver-diet alone, cannot be received as evidence of a judgment.

¶2The motion, therefore, must be discharged.

Justices Smith, Colcock, Bay, and Grimke, concurred.
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