Walton v. . McKesson

64 N.C. 154

Opinion

Rodman, J.

This suit began by writ issued March 14th 1866; and although the pleas appear not to have been put in until Fall Term 1869, it was a suit pending at the ratification of the Code of Civil Procedure, and therefore to be tried by existing laws: Teague v. James, 63 N. C. 91; Gaither v. Gibson, Id. 93.

We think the cases of State Bank v. Armstrong, 4 Dev. 523, and Jones v. Gilreath, 6 Ire. 338, are decisive against the defendant. This case may be enlightened from Hurdle v. Hanner, 5 Jon. 360, which was cited for the defendant, in this: in that case there was but one defendant, here there are several. What relief the defendant may find in the Code, it is not for us to say.

Judgment below affirmed. Let this be certified.

Pee Ctjeiam. Judgment affirmed.