Blake v. . Askew

76 N.C. 325

• Court: Supreme Court of North Carolina
• Decided: January 5, 1877
• Status: Published

Opinion

Reads, J.

If feigned issues were ever entertained in this State, they are abolished by the Constitution, Art. 4, § 1.

This is manifest by a feigned issue based upon a wager to test the validity of certain bonds said to have been issued b>y the State alleged in the pleadings to amount to $5,000, ■000:

Besides the objection that it is a feigned issue which is forbidden by the Constitution, it is an attempted fraud upon 'the State, by putting her interests in jeopardy and affecting her credit, in a controvery to which she is not a party.

The action is “ not fit to be entertained ” and is therefore ■dismissed.

Each party will pay his own costs.

Per Curiam. Judgment accordingly.