Wiggins v. Tatom.

Superior Court of North Carolina

Wiggins v. Tatom.

3 N.C. 385

DecidedJuly 5, 1806

StatusPublished

This text of 3 N.C. 385 (Wiggins v. Tatom.) is published on Counsel Stack Legal Research, covering Superior 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

Wiggins v. Tatom., 3 N.C. 385 (N.C. Ct. App. 1806).

Pincite

Opinion

Per curiam.

I will not proceed till you satisfy me that an action at law is the proper remedy to be pursued — I think it is not. The plaintiff’s counsel cited, but did not produce, 1 East’s Re* ports, 220; and the Judge said he would have the plaintiff called, and would set aside the nonsuit, if the plaifttiff’s counsel would convince him that it was wrong.

The plaintiff was nonsuited; but the Reporter having left the court before the end of the term, cannot say whe-the nonsuit was set aside or not.

Vide 2 Bos. & Pull. 268, 274, which supports the position, that the suit may be at law.

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Per curiam.

I will not proceed till you satisfy me that an action at law is the proper remedy to be pursued — I think it is not. The plaintiff’s counsel cited, but did not produce, 1 East’s Re* ports, 220; and the Judge said he would have the plaintiff called, and would set aside the nonsuit, if the plaifttiff’s counsel would convince him that it was wrong.

The plaintiff was nonsuited; but the Reporter having left the court before the end of the term, cannot say whe-the nonsuit was set aside or not.

Vide 2 Bos. & Pull. 268, 274, which supports the position, that the suit may be at law.

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Bluebook (online)

3 N.C. 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiggins-v-tatom-ncsuperct-1806.