Plumley's Case

Court of King's Bench

Plumley's Case

1 N.C. 667

DecidedJuly 5, 1793

StatusPublished

This text of 1 N.C. 667 (Plumley's Case) 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

Plumley's Case, 1 N.C. 667 (kingsbench 1793).

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Opinion

In debt, the defendant pleaded an accord with the plaintiff, but did not plead by satisfaction. Issue joined on the accord and found for the plaintiff. JONES, J. He shall have judgment. But if it had been *Page 668 found for the defendant there should have been a repleader. Quaere, whether now, after the statute, the plaintiff should not be barred.

There were only 33 jurors returned, and it did not appear that a tales was awarded. JONES, J., held this did not differ from Gardner's case; 5 Rep., and it is well.

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In debt, the defendant pleaded an accord with the plaintiff, but did not plead by satisfaction. Issue joined on the accord and found for the plaintiff. JONES, J. He shall have judgment. But if it had been *Page 668 found for the defendant there should have been a repleader. Quaere, whether now, after the statute, the plaintiff should not be barred.

There were only 33 jurors returned, and it did not appear that a tales was awarded. JONES, J., held this did not differ from Gardner's case; 5 Rep., and it is well.

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Bluebook (online)

1 N.C. 667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plumleys-case-kingsbench-1793.