Court of Appeals of North Carolina, 1828

Hilburn v. Paysinger

Hilburn v. Paysinger
Court of Appeals of North Carolina · Decided May 15, 1828 · Colcock, Johnson, Nott
17 S.C.L. 97

Hilburn v. Paysinger

Opinion of the Court

Johnson, J.

The object of creating the summary jurisdiction was to avoid the expense and delay incident to formal and *98technical pleading; and hence in that jurisdiction the plaintiff has always been permitted to state his case in the most concise manner. The form adopted im the present instance I found in use five and twenty years ago, and it is in conformity with the practice in other cases within the summary jurisdiction. I have neither seen nor heard of any evils growing out of that practice; and I know of no reason why it should be now remodelled. The motion to set aside the nonsuit is granted.

Nott, J. and Colcock, J. concurred.

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