Munday v. . Henry

Supreme Court of North Carolina

Munday v. . Henry

46 N.C. 487

DecidedAugust 5, 1854

StatusPublished

This text of 46 N.C. 487 (Munday v. . Henry) 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

Munday v. . Henry, 46 N.C. 487 (N.C. 1854).

Pincite

Opinion

Pearson, J.

As it is has turned out, it was unfortunate for tbe plaintiff that he made Robert Henry, sr., a defendant, but as he was sued, he had reason to suppose the plaintiff would be able to offer some evidence tending to make out a cause of action against him. As the defendants severed in their pleas, he had a right to summon witnesses in his behalf, and as a verdict was given in his favor, he had a right to have t.iose witnesses taxed as part of his costs. s There is no proof set out in the case, to support the suggestion of fraud, and there is no suggestion that the defendant, for the purpose of vexation, summoned more than two witnesses as to each fact. There is no error.

Judgment affirmed.

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Pearson, J.

As it is has turned out, it was unfortunate for tbe plaintiff that he made Robert Henry, sr., a defendant, but as he was sued, he had reason to suppose the plaintiff would be able to offer some evidence tending to make out a cause of action against him. As the defendants severed in their pleas, he had a right to summon witnesses in his behalf, and as a verdict was given in his favor, he had a right to have t.iose witnesses taxed as part of his costs. s There is no proof set out in the case, to support the suggestion of fraud, and there is no suggestion that the defendant, for the purpose of vexation, summoned more than two witnesses as to each fact. There is no error.

Judgment affirmed.

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Bluebook (online)

46 N.C. 487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/munday-v-henry-nc-1854.