Sheppard v. Salter

1 N.C. 40

Opinion

The Court

said he ought to have prayed a continuance.

But on his observing that he had thought that by going to trial and satisfying the court, by the testimony of a witness who attended, that he had a good cause of action, and that he failed only on the proof of a re-assumption: the justice of the case being on his side, he would appear entitled to the favour he prayed:

Davit for the plaintiff. Arnett for the defendant.

Stone, J.

Let the nonsuit be set aside, on payments of full costs.

M’Coy, J. tacente.