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Merritt's v. . Merritt

1 N.C. 17
CourtSuperior Court of North Carolina
DecidedApril 5, 1789
StatusPublished

This text of 1 N.C. 17 (Merritt's v. . Merritt) is published on Counsel Stack Legal Research, covering Superior 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
Merritt's v. . Merritt, 1 N.C. 17 (N.C. Ct. App. 1789).

Opinion

after this case had been twice argued. — The plaintiff may proceed for her damages and costs, notwithstanding the negro has been restored to her — and judgment for costs.

NOTE. — Morgan v. Cone, 18 N.C. 234, expressly overrules this case, and decides that if, after action brought and issue joined, the plaintiff gets possession of the thing sued for, that fact may be pleadedpuis darrein continuance, in abatement of the suit, but it seems that it would not be a good plea in bar. See, also, Merritt v. Warmouth, 2 N.C. 12;Flowers v. Glasgow, ibid., 122; and Sheppard v. Edwards, 3 N.C. 186.

Cited: Morgan v. Cone, 18 N.C. 237.

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Related

Morgan v. . Cone
18 N.C. 234 (Supreme Court of North Carolina, 1835)

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Bluebook (online)
1 N.C. 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merritts-v-merritt-ncsuperct-1789.