Farnell v. Tipper

Circuit Court of North Carolina

Farnell v. Tipper

1 N.C. 92

CourtU.S. Circuit Court for the District of North Carolina

DecidedJuly 1, 1793

StatusPublished

This text of 1 N.C. 92 (Farnell v. Tipper) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Farnell v. Tipper, 1 N.C. 92 (circtnc 1793).

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Opinion

In this case it was shewn to the court that the defendant was dead, and one who was counsel for the defendant prayed judgment tunc pro nunc, and it was said by the court that if the continuances were entered on the rolls, then no judgment could be given, but if no continuance was entered the party could have judgment; and if any one as amicus curiæ will inform that the party is dead, it ought to be shewn to the court, by plea and not by verbal information.

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In this case it was shewn to the court that the defendant was dead, and one who was counsel for the defendant prayed judgment tunc pro nunc, and it was said by the court that if the continuances were entered on the rolls, then no judgment could be given, but if no continuance was entered the party could have judgment; and if any one as amicus curiæ will inform that the party is dead, it ought to be shewn to the court, by plea and not by verbal information.

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Bluebook (online)

1 N.C. 92, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farnell-v-tipper-circtnc-1793.