64 N.C. 27
Supreme Court of North Carolina
Decided January 5, 1870
Supreme Court of North Carolina · decided 1870-01-05
Action for money, begun before a magistrate, and tried by Buxton, J., upon appeal, at Spring Term 1869, of Cumberland Court. The note upon which the action was founded, was given February 4th 1860.
Decided 1870-01-05
¶1 I should dissent from the opinion of the Court in this case, upon the reasoning which I endeavored to. maintain in Jacobs v. Smallwood, as I think the control over the remedy belongs exclusively to the State; but I yield to the authority of the decision in that case.
¶2 Per Curiam. Judgment affirmed.