Peck v. . Cole

Court of King's Bench

Peck v. . Cole

1 N.C. 693

DecidedJuly 5, 1793

StatusPublished

This text of 1 N.C. 693 (Peck v. . Cole) 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

Peck v. . Cole, 1 N.C. 693 (kingsbench 1793).

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Opinion

If the defendant had pleaded a release of the assumpsit, and the plaintiff had pleaded a request, which had been found for him, the declaration would have been well, by admission. Still the declaration is the ground of the suit, and if it is bad, no subsequent plea will make it well. But in debt a licet saepius requisitus is sufficient, for it is not traversable, because the delivering of the declaration, which is aproecipe, is a *sufficient demand. 30 El. rot., 464; Old and Eastgrew'scase; Tr. 16 Jac. rot., 268. A special request ought to have been laid. Jones, 86; 3 Bulst., 297; Bendl., 157, 162; Poph., 160; Vin., 112; Hut., 73; Roll., 476; 3 Cr., 386; 3 Leon., 200.

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If the defendant had pleaded a release of the assumpsit, and the plaintiff had pleaded a request, which had been found for him, the declaration would have been well, by admission. Still the declaration is the ground of the suit, and if it is bad, no subsequent plea will make it well. But in debt a licet saepius requisitus is sufficient, for it is not traversable, because the delivering of the declaration, which is aproecipe, is a *sufficient demand. 30 El. rot., 464; Old and Eastgrew'scase; Tr. 16 Jac. rot., 268. A special request ought to have been laid. Jones, 86; 3 Bulst., 297; Bendl., 157, 162; Poph., 160; Vin., 112; Hut., 73; Roll., 476; 3 Cr., 386; 3 Leon., 200.

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Bluebook (online)

1 N.C. 693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peck-v-cole-kingsbench-1793.