Superior Court of North Carolina, 1791

Simpson v. . Crawford

Superior Court of North Carolina · Decided September 5, 1791 · The Court, ASHE, J., SPENCER, J., and WILLIAMS, J., made no observation, but permitted the <italic>capias</italic> to be altered.

1 N.C. 32

Counsel

Jones , for the plaintiff, moved for leave to alter the capias , which had been returned "executed." He observed that it had been issued by the clerk: that the instrument on which the suit was brought was a deed , and the capias had been filled up in case: while it ought to have been in covenant . The defendant was not in Court, and none of the gentlemen of the bar present, was employed for him.

Opinion of the Court

NOTE. — See, contra, Anonymous, 2 N.C. 401. But see note toCowper v. Edwards, 2 N.C. 19, and the cases there referred to; and also the cases of Johnston v. McGinn, 15 N.C. 277; Grist v. Hodges, 14 N.C. 198;Alston v. Hamlin, 19 N.C. 115; Green v. Deberry, 24 N.C. 344. All amendments, made either by consent or by leave of the Court, ought to appear on the record. Shearin v. Neville, 18 N.C. 3.

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Case-law data current through December 31, 2025. Source: CourtListener bulk data.