Smith v. . Dewey

Supreme Court of North Carolina

Smith v. . Dewey

64 N.C. 463

DecidedJune 5, 1870

StatusPublished

This text of 64 N.C. 463 (Smith v. . Dewey) 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

Smith v. . Dewey, 64 N.C. 463 (N.C. 1870).

Pincite

Opinion

Peabson, C. J.

Had the plaintiff been able to procure notes of the bank, and pleaded by way of set off, an interesting question wordd have been presented. But the question made by the facts set out in the complaint, is too plain for discussion. The plaintiff’s case does not come within the meaning or the words of the statute, by the most latitudinous *464 construction, to say nothing of the bankrupt law, or the rule, “ good matter must be pleaded in due form, apt time and proper order.”

The order below is reversed, and the injunction vacated.

Per Curiam. Eeversed.

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Peabson, C. J.

Had the plaintiff been able to procure notes of the bank, and pleaded by way of set off, an interesting question wordd have been presented. But the question made by the facts set out in the complaint, is too plain for discussion. The plaintiff’s case does not come within the meaning or the words of the statute, by the most latitudinous *464 construction, to say nothing of the bankrupt law, or the rule, “ good matter must be pleaded in due form, apt time and proper order.”

The order below is reversed, and the injunction vacated.

Per Curiam. Eeversed.

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Bluebook (online)

64 N.C. 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-dewey-nc-1870.