McFarland v. . Harrington

Supreme Court of North Carolina

McFarland v. . Harrington

1 N.C. 542

DecidedJuly 5, 1802

StatusPublished

This text of 1 N.C. 542 (McFarland v. . Harrington) 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

McFarland v. . Harrington, 1 N.C. 542 (N.C. 1802).

Pincite

Opinion

This plea, being under the Act of Assembly passed in the year 1777, could only be sustained by being filed within the first three days of the term. That being omitted, the cause of demurrer thence arising is sufficient. Therefore, the plea is overruled.

NOTE. — The declaration is not now required to be served on the defendant, but must be filed in the clerk's office, on or before the third day of the term to which the writ is returnable; otherwise the suit shall be dismissed by the Court at the costs of the plaintiff.

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This plea, being under the Act of Assembly passed in the year 1777, could only be sustained by being filed within the first three days of the term. That being omitted, the cause of demurrer thence arising is sufficient. Therefore, the plea is overruled.

NOTE. — The declaration is not now required to be served on the defendant, but must be filed in the clerk's office, on or before the third day of the term to which the writ is returnable; otherwise the suit shall be dismissed by the Court at the costs of the plaintiff.

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Bluebook (online)

1 N.C. 542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcfarland-v-harrington-nc-1802.