Fitch v. . Porter

Supreme Court of North Carolina

Fitch v. . Porter

30 N.C. 511

DecidedAugust 5, 1848

StatusPublished

This text of 30 N.C. 511 (Fitch v. . Porter) is published on Counsel Stack Legal Research, covering Supreme 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

Fitch v. . Porter, 30 N.C. 511 (N.C. 1848).

Pincite

Opinion

Battle, J.

The Court below was undoubtedly right in deciding, that there was no such judgment as that upon which the plaintiff declared. The exemplification of the record produced showed no judgment at all, but merely an award of execution upon a judgment recited therein to have been before rendered, but the judgment itself was not produced. The plea of nul tiel record put in issue the judgment declared upon, and the plaintiff was bound to produce an exemplification of it in support of the affirmative of his plea. The judgment must be affirmed.

Per Curiam. Judgment affirmed.

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Battle, J.

The Court below was undoubtedly right in deciding, that there was no such judgment as that upon which the plaintiff declared. The exemplification of the record produced showed no judgment at all, but merely an award of execution upon a judgment recited therein to have been before rendered, but the judgment itself was not produced. The plea of nul tiel record put in issue the judgment declared upon, and the plaintiff was bound to produce an exemplification of it in support of the affirmative of his plea. The judgment must be affirmed.

Per Curiam. Judgment affirmed.

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Bluebook (online)

30 N.C. 511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitch-v-porter-nc-1848.