Supreme Court of North Carolina, 1818

Murray v. Lackey

Murray v. Lackey
Supreme Court of North Carolina · Decided July 15, 1818 · Seaweed
6 N.C. 368

Murray v. Lackey

Opinion of the Court

The opinion of the Court was delivered by

Seaweed, Judge:

We think this a plain case. A discharge means, where proceedings are at end and cannot be revived. A party-bound over to Court has'only to attend j and according to our mode of practice, when the term expires, stands discharged, unless rebound, or his default recorded. As to the parol testimony, offered to prove a discharge by the Solicitor and the motion to enter a discharge nunc pro tunc, it is of no importance to consider either of them. The rule for a new trial must be discharged.

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