64 N.C. 540
Supreme Court of North Carolina
Decided June 5, 1870
Supreme Court of North Carolina · decided 1870-06-05
Civil action, tried, upon appeal from a Justice of the Peace, by Logcm, J., at Spring Term 1870 of Cabarrus Court. The cause of action was a note given by the defendant to the plaintiff, for the hire of a slave for 1860. The slave belonged to one J. E. Eussell, a ward of - the plaintiff, and at the hiring, it was bid off by one E. E. Eussell, another ward of the plaintiff.
Decided 1870-06-05
¶1 The set off alleged as a defence was made -so by the express agreement of the plaintiff. The Judge below should have affirmed the judgment of the justice, instead of dismissing the plaintiff’s appeal. The latter course would have been proper, if there had been any irregularity in the appeal itself, but that was not alleged.
¶2 Judgment of his Honor reversed, and judgment for the •defendant.
¶3 Per Curiam. Judgment accordingly.