Supreme Court of North Carolina, 1817

Smith v. Bowell

Smith v. Bowell
Supreme Court of North Carolina · Decided July 15, 1817 · Tayi
1 N.C. 200

Smith v. Bowell

Opinion of the Court

Tayi.or, C. J.

The Legislature have thought proper to attempt the suppression of the practice of issuing due bills, as one extremely mischievous to the community; and one method they have adopted is, to make the person liable to an action, who issues a due bill for a less sum than ten shillings. It would materially weaken the effect *202of fliis law, and disarm it of its sting, if when such sepa-* rate acti°ns are brought, the Court should interpose a eon4 solidation rule. Such interference would be peculiarly improper in the present tase, in which the Plaintiff, by warranting and blending four dollars in each warrant, ha¿ pursued d touch less rigorous course, than he was allowed by law tó do.—This consideration, togethér with the stay of execution'which the «Defendant might have availed himself of, bad a larger sum been claimed in one warrant, induct us to concur in the opinion given by the judge Who heard the motion. His judgment on the motion is therefore affirmed.

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