Battle v. . Little

Supreme Court of North Carolina

Battle v. . Little

12 N.C. 381

DecidedJune 5, 1828

StatusPublished

This text of 12 N.C. 381 (Battle v. . Little) 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

Battle v. . Little, 12 N.C. 381 (N.C. 1828).

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Opinion

*382 Per Curiam.

We think whether due diligence had been used in endeavoring to collect the debt from Drum-mond, was a question of law, as it arose in this case.— We also think as the Plaintiff did not take judgment against Drummond’s bail upon the return of two writs of sci.fa. instead of issuing a third, he did not use that diligence which the case required. Let the judgment be reversed, and a new trial granted.

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*382 Per Curiam.

We think whether due diligence had been used in endeavoring to collect the debt from Drum-mond, was a question of law, as it arose in this case.— We also think as the Plaintiff did not take judgment against Drummond’s bail upon the return of two writs of sci.fa. instead of issuing a third, he did not use that diligence which the case required. Let the judgment be reversed, and a new trial granted.

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Bluebook (online)

12 N.C. 381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/battle-v-little-nc-1828.