Superior Court of North Carolina, 1802

Johnston v. Pasteur

Johnston v. Pasteur
Superior Court of North Carolina · Decided July 15, 1802 · Taylor
3 N.C. 187
Johnston v. Pasteur

Opinion of the Court

Taylor, Judge,

gave hr.s opinion. The objection to this verdict is that the-husnaud should have sued alone* The detainer-commenced before the marriage. Notwithstanding the great number of authorities which are rdied upon in support of the motion, I am of opinion, clearly, that the husband could not sue alone. It is true that he is barred by the act of limitations if he fould. In order however that the opinion of another judge may bs obtained I will grant a new trial*

New trial granted.

See' the stote to the case of ths administrators of Neale ttót Haddock-.

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