Reports of Cases Argued and Adjudged in the Supreme Court of North Carolina (Volume 2; V. 6); From the Year 1804 to the Year [1819] Inclusive (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1826. Excerpt: ... Jtot 1818. ladies of a tenant for life, will not affect the party. An v"'vw entry to avoid the statute must be an entry for the purHunt, .. pose of taking possession and such an entry cannot be Crowell. ma(le during the existence of a life estate 4. John, 40 . 1. Burr. 120, 126. 2. Salk. 432. 7. East, 311, 312, 319, 321. The Plaintiff had no right to enter before the death of Thomas Brown, and he died the 22d of Novcmber,4l814. By the Court--Judgment for the Plaintiff. Hunt-) v. . From Nash. Crowell. J It teem that an appeal may be taken from an interlocutory order of the County Court granting leave to amend; and that on confirming the judgment of the County Court, a procedendo will issue from the Superior Court. This was a suit commenced before a Justice of the Peace and came to the County Court by appeal. In the County Court the Defendant pleaded in abatement that the warrant was not made returnable within thirty days, Sundays excepted; whereupon Plaintiff moved for leave to amend by inserting in the warrant, the words, "within thirty days, Sundays excepted," which was granted by the Court. The Defendant thereupon, appealed to the Superior Court, where the Plaintiff objected that the appeal was improperly taken in a matter from the decision of which no appeal would lie. The case was referred to this Court, to say, whether the appeal was properly taken and could be sustained, or whether the Superior Court had no jurisdiction of the cause? And if the cause be remanded to the County Court, whether any, and what judgment shall be rendered in the Superior Court? Taylor Chief-Justice.--I am of opinion that the County Court did right in allowing the amendment of the warrant, and (hat the judgment thus pronounced by them J"" 1818. was so closely connected w...