Crouch v. . Hain

Court of King's Bench

Crouch v. . Hain

1 N.C. 670

DecidedJuly 5, 1793

StatusPublished

This text of 1 N.C. 670 (Crouch v. . Hain) is published on Counsel Stack Legal Research, covering Court of King's Bench primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Crouch v. . Hain, 1 N.C. 670 (kingsbench 1793).

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Opinion

If he gets a new writ of error, there may be a doubt whether we ought to award execution. A distinction is taken in the *Page 671 books, when the writ abates by the act or fault of the party; there the second writ shall not be a supersedeas. Otherwise when it abates by the act *of God, or without any act or fault of the party, as want of form. But here there is no writ depending, and there is no reason to stay execution.

DODERIDGE, J., and CREW, C. J., assented. Although we do award execution, he may bring error to the next Parliament. Here is no writ depending. We are not to know whether he wishes for a new writ or not. Therefore, Fiat executio.

DODERIDGE, J., cited 8 H., 6., tit. error. Error brought in Parliament. The plaintiff prayed a scire facias to next Parliament, and denied that it works any delay. It is so in this case. Postea, 739; Noy, 76; Rol., 765; Jones, 66; 2 Cr., 241; Mo., 834.

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If he gets a new writ of error, there may be a doubt whether we ought to award execution. A distinction is taken in the *Page 671 books, when the writ abates by the act or fault of the party; there the second writ shall not be a supersedeas. Otherwise when it abates by the act *of God, or without any act or fault of the party, as want of form. But here there is no writ depending, and there is no reason to stay execution.

DODERIDGE, J., and CREW, C. J., assented. Although we do award execution, he may bring error to the next Parliament. Here is no writ depending. We are not to know whether he wishes for a new writ or not. Therefore, Fiat executio.

DODERIDGE, J., cited 8 H., 6., tit. error. Error brought in Parliament. The plaintiff prayed a scire facias to next Parliament, and denied that it works any delay. It is so in this case. Postea, 739; Noy, 76; Rol., 765; Jones, 66; 2 Cr., 241; Mo., 834.

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Bluebook (online)

1 N.C. 670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crouch-v-hain-kingsbench-1793.