Trelawny v. Keynell

Circuit Court of North Carolina

Trelawny v. Keynell

1 N.C. 116

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

DecidedJuly 1, 1793

StatusPublished

This text of 1 N.C. 116 (Trelawny v. Keynell) 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

Trelawny v. Keynell, 1 N.C. 116 (circtnc 1793).

Pincite

Opinion

Jones, J.

In the Common Bench, if the original be bad, it is amendable by statute. But I doubt how this can be taken to be the same writ; and if it is not, then it is no writ at all. But in this court, there can be no doubt; for now it is certified and it appears to be the fame writ; and therefore it is not amendable.

Doderidge, J. concurred.

Nevertheless a day was given over. Postea, p. 225. 259.

Rolls cited Pollard’s and Blygh’s case 10 Jac. supporting Justice Jones’ opinion. Crew, C. J. and Whitlock, J. absent. 2 Cr. 479. 674. Palm. 428.

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Jones, J.

In the Common Bench, if the original be bad, it is amendable by statute. But I doubt how this can be taken to be the same writ; and if it is not, then it is no writ at all. But in this court, there can be no doubt; for now it is certified and it appears to be the fame writ; and therefore it is not amendable.

Doderidge, J. concurred.

Nevertheless a day was given over. Postea, p. 225. 259.

Rolls cited Pollard’s and Blygh’s case 10 Jac. supporting Justice Jones’ opinion. Crew, C. J. and Whitlock, J. absent. 2 Cr. 479. 674. Palm. 428.

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Bluebook (online)

1 N.C. 116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trelawny-v-keynell-circtnc-1793.