Merritt's v. . Merritt

Superior Court of North Carolina

Merritt's v. . Merritt

1 N.C. 17

Superior Court of North Carolina·Decided April 5, 1789·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Merritt's v. . Merritt, 1 N.C. 17 (N.C. Ct. App. 1789).

Pincite

1 N.C. 17 (Merritt's v. . Merritt) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related