Barringer v. . Holbrook

Supreme Court of North Carolina

Barringer v. . Holbrook

64 N.C. 540

DecidedJune 5, 1870

StatusPublished

This text of 64 N.C. 540 (Barringer v. . Holbrook) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barringer v. . Holbrook, 64 N.C. 540 (N.C. 1870).

Pincite

Opinion

Bodman, J.

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.

Judgment of his Honor reversed, and judgment for the •defendant.

Per Curiam. Judgment accordingly.

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Bodman, J.

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.

Judgment of his Honor reversed, and judgment for the •defendant.

Per Curiam. Judgment accordingly.

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Bluebook (online)

64 N.C. 540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barringer-v-holbrook-nc-1870.