Sherman v. Brampton

Circuit Court of North Carolina

Sherman v. Brampton

1 N.C. 92

CourtU.S. Circuit Court for the District of North Carolina

DecidedJuly 1, 1793

StatusPublished

This text of 1 N.C. 92 (Sherman v. Brampton) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sherman v. Brampton, 1 N.C. 92 (circtnc 1793).

Pincite

Opinion

Doderidge, J.

The parties have not joined issue, but the defendant pleaded a lease made on such a day and at such a place by the defendant, who traverses that he did not know it on such a day and at such a place. Now he has made the time and place matters of substance; for a lease made on another day, is not the same lease. And you may make the time and place material. As in trespass, a release of all actions discharges all trespasses before the date, but not those committed after; and there the day is material. Adjournatur, Bendl. 159.

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Doderidge, J.

The parties have not joined issue, but the defendant pleaded a lease made on such a day and at such a place by the defendant, who traverses that he did not know it on such a day and at such a place. Now he has made the time and place matters of substance; for a lease made on another day, is not the same lease. And you may make the time and place material. As in trespass, a release of all actions discharges all trespasses before the date, but not those committed after; and there the day is material. Adjournatur, Bendl. 159.

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Bluebook (online)

1 N.C. 92, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherman-v-brampton-circtnc-1793.