Executors of Emmett v. Stedman

Superior Court of North Carolina

Executors of Emmett v. Stedman

3 N.C. 15

DecidedJuly 5, 1797

StatusPublished

This text of 3 N.C. 15 (Executors of Emmett v. Stedman) 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

Executors of Emmett v. Stedman, 3 N.C. 15 (N.C. Ct. App. 1797).

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Opinion

Per curiam.

The finding was imperfect, and no judgment should have been entered upon it j but since it was entered, and there is no mode of reversing it, being a judgment of the superior court, though clearly erroneous, the defendants ex necesí-tate must he allowed to plead the same matter to this sci.fa. to> discharge their own goods, though they wouldnot.be entitled to such a plea now, had they not pleaded it to the first action — however, the plea now put in must relate to the teste of the process by which they were first brought into court, and must state a full administration and no assets at that time.

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Per curiam.

The finding was imperfect, and no judgment should have been entered upon it j but since it was entered, and there is no mode of reversing it, being a judgment of the superior court, though clearly erroneous, the defendants ex necesí-tate must he allowed to plead the same matter to this sci.fa. to> discharge their own goods, though they wouldnot.be entitled to such a plea now, had they not pleaded it to the first action — however, the plea now put in must relate to the teste of the process by which they were first brought into court, and must state a full administration and no assets at that time.

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Bluebook (online)

3 N.C. 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/executors-of-emmett-v-stedman-ncsuperct-1797.