Hodges v. . Moore

Court of King's Bench

Hodges v. . Moore

1 N.C. 663

DecidedJuly 5, 1793

StatusPublished

This text of 1 N.C. 663 (Hodges v. . Moore) is published on Counsel Stack Legal Research, covering Court of King's Bench primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hodges v. . Moore, 1 N.C. 663 (kingsbench 1793).

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Opinion

Moore, having a Parliament protection, procured the speaker, Henry Finch, to write a letter, in the name of the Parliament, to the King's Bench, to stay judgment. And the court was much offended at this, and would have returned a sharp answer if the Parliament had not been dissolved; for it is against the oath of the Judges to stay judgment, either by the great or the petit seal. But the way, in such a case, is to procure asupersedeas, which is a special writ, appointed in such cases, which is allowed in a legal course. But the letter was not regarded. See Mich., 12; E., 4, in a matter of privilege of Parliament, where one was held answerable to an action of account, notwithstanding the privilege of Parliament. Postea, 739; Bendl., 184; Noy, 83; postea, p. 740.

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Moore, having a Parliament protection, procured the speaker, Henry Finch, to write a letter, in the name of the Parliament, to the King's Bench, to stay judgment. And the court was much offended at this, and would have returned a sharp answer if the Parliament had not been dissolved; for it is against the oath of the Judges to stay judgment, either by the great or the petit seal. But the way, in such a case, is to procure asupersedeas, which is a special writ, appointed in such cases, which is allowed in a legal course. But the letter was not regarded. See Mich., 12; E., 4, in a matter of privilege of Parliament, where one was held answerable to an action of account, notwithstanding the privilege of Parliament. Postea, 739; Bendl., 184; Noy, 83; postea, p. 740.

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Bluebook (online)

1 N.C. 663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hodges-v-moore-kingsbench-1793.