Guphill v. Isbell

Court of Appeals of North Carolina

Guphill v. Isbell

17 S.C.L. 369

DecidedJanuary 15, 1830

StatusPublished

This text of 17 S.C.L. 369 (Guphill v. Isbell) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Guphill v. Isbell, 17 S.C.L. 369 (N.C. Ct. App. 1830).

Pincite

Opinion

Johnson, J.

The authorities all agree, that the marriage of a feme sole plaintiff, pendente lite, may be pleaded in abatement, provided it be pleaded puis darrein continuance. Bae. Abr. Abatement. G. This is a matter of substance, and not of form merely ; and the defendant having brought himself within the rule, it was a right, the exercise of which the Circuit Court bad [370]*370no discretion to withhold from him. The Court erred, there- , , , ... fore, m rejecting the plea, and on that ground a new trial is granted to the defendant, with leave to file the plea mine pro tunc.

Nott, J. and Colcock, J. concurred.

Motion granted.

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Johnson, J.

The authorities all agree, that the marriage of a feme sole plaintiff, pendente lite, may be pleaded in abatement, provided it be pleaded puis darrein continuance. Bae. Abr. Abatement. G. This is a matter of substance, and not of form merely ; and the defendant having brought himself within the rule, it was a right, the exercise of which the Circuit Court bad [370]*370no discretion to withhold from him. The Court erred, there- , , , ... fore, m rejecting the plea, and on that ground a new trial is granted to the defendant, with leave to file the plea mine pro tunc.

Nott, J. and Colcock, J. concurred.

Motion granted.

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Bluebook (online)

17 S.C.L. 369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guphill-v-isbell-ncctapp-1830.