Taylor v. . Spivey

Supreme Court of North Carolina

Taylor v. . Spivey

33 N.C. 427

CourtSupreme Court of North Carolina

DecidedDecember 5, 1850

StatusPublished

Cited by1 cases

This text of 33 N.C. 427 (Taylor v. . Spivey) 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

Taylor v. . Spivey, 33 N.C. 427 (N.C. 1850).

Pincite

Opinion

Peabsoit, J.

This was a warrant on a former judgment of a single justice. The defendants relied on the statute of limitations. The plaintiffs in the replication alleged a' new promise within the seven years. His Honor correctly decided, that the statute could not thus be met. The replication of a new promise is confined to actions ‘on promises.” This is settled in this State and England.

The other instructions were uncalled for; at all events the plaintiffhas no right to complain of them.

Per Curiam, Judgment affirmed.

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Peabsoit, J.

This was a warrant on a former judgment of a single justice. The defendants relied on the statute of limitations. The plaintiffs in the replication alleged a' new promise within the seven years. His Honor correctly decided, that the statute could not thus be met. The replication of a new promise is confined to actions ‘on promises.” This is settled in this State and England.

The other instructions were uncalled for; at all events the plaintiffhas no right to complain of them.

Per Curiam, Judgment affirmed.

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Bluebook (online)

33 N.C. 427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-spivey-nc-1850.

Opinion

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