Dudley

Superior Court of North Carolina

Dudley

3 N.C. 407

DecidedMay 15, 1806

StatusPublished

This text of 3 N.C. 407 (Dudley) is published on Counsel Stack Legal Research, covering Superior 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

Dudley, 3 N.C. 407 (N.C. Ct. App. 1806).

Pincite

Opinion

E contra.

The defendant’s counsel said the act of 5 Geo. 1, ch. 13, being enforced by the act of 1777, is to be considered aa then enacted by the legislature ; and as it dispenses with what the constitution requires, is a void act: it says the delendant shall not take advantage after verdict, of a substantive defect in the writ: the constitution makes the writ to be no writ, if not bearing teste and signed by the clerk. Then there is no writ to give the court jurisdiction.

Referred to the Supreme Court»

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E contra.

The defendant’s counsel said the act of 5 Geo. 1, ch. 13, being enforced by the act of 1777, is to be considered aa then enacted by the legislature ; and as it dispenses with what the constitution requires, is a void act: it says the delendant shall not take advantage after verdict, of a substantive defect in the writ: the constitution makes the writ to be no writ, if not bearing teste and signed by the clerk. Then there is no writ to give the court jurisdiction.

Referred to the Supreme Court»

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Bluebook (online)

3 N.C. 407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dudley-ncsuperct-1806.