Superior Court of North Carolina, 1802

Dawson v. . Speight

Dawson v. . Speight
Superior Court of North Carolina · Decided July 5, 1802 · By the Court.
1 N.C. 231

Counsel

F. X. Martin for the complainant . Stanly for the defendant .

Dawson v. . Speight

Opinion of the Court

If a commission be taken out in blank, the party may fill it up, and afterwards, if occasion require it, strike out the commissioner's name; but if the clerk fill up the commission, his act is that of the Court, and the party may not strike out the name of the commissioner and insert another.

Answer set aside.

* * * The "Observations on the Act of 1715, ch. 27, with a view to ascertain its proper construction," are to be found in 5 N.C. 22, in note b, to the case of Stanley v. Turner, and are therefore omitted here. *Page 201

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