William Ramsour & Co. v. Barrett

Supreme Court of North Carolina

William Ramsour & Co. v. Barrett

50 N.C. 409

DecidedAugust 15, 1858

StatusPublished

This text of 50 N.C. 409 (William Ramsour & Co. v. Barrett) 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

William Ramsour & Co. v. Barrett, 50 N.C. 409 (N.C. 1858).

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Opinion

Battle, J.

"We cannot distinguish this case, in principle, from that of Moore v. Thompson, Busb. Rep. 221. It was there held that the plaintiff could not give a justice of the peace j urisdiction by entering a fictitious credit upon a bond, without the consent of the defendant, and against his wishes. So, in the present case, the plaintiff cannot be allowed to accomplish the same purpose by giving a real credit a fictitious date, so as thereby to reduce the debt, against the will of the debtor, to an amount within the jurisdiction of a single magistrate. The false date to the credit, in the present case, is just as much an attempt to evade the law, as was the false credit itself, in Moore v. Thompson, and neither can receive the sanction of this Court.

PeR CubiaM, Judgment affirmed.

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Battle, J.

"We cannot distinguish this case, in principle, from that of Moore v. Thompson, Busb. Rep. 221. It was there held that the plaintiff could not give a justice of the peace j urisdiction by entering a fictitious credit upon a bond, without the consent of the defendant, and against his wishes. So, in the present case, the plaintiff cannot be allowed to accomplish the same purpose by giving a real credit a fictitious date, so as thereby to reduce the debt, against the will of the debtor, to an amount within the jurisdiction of a single magistrate. The false date to the credit, in the present case, is just as much an attempt to evade the law, as was the false credit itself, in Moore v. Thompson, and neither can receive the sanction of this Court.

PeR CubiaM, Judgment affirmed.

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Bluebook (online)

50 N.C. 409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-ramsour-co-v-barrett-nc-1858.