Trelawny v. Keynell, 1 N.C. 116, 1 Mart. 116 (1793)

1793 · United States Circuit Court for the District of North Carolina

1 N.C. 116, 1 Mart. 116

*Trelawny vs. Keynell.

Pasch. 2 Car.

IN debt sur accompt, and judgment in the King’s Bench; the original writ had Devon and the declaration and subsequent process Exon, which is another county. On diminution alledged, the writ of Devon was certified, and it was now prayed that judgment be therefore reversed.

Jones, J.

In the Common Bench, if the original be bad, it is amendable by statute. But I doubt how this can be taken to be the same writ; and if it is not, then it is no writ at all. But in this court, there can be no doubt; for now it is certified and it appears to be the fame writ; and therefore it is not amendable.

Doderidge, J. concurred.

Nevertheless a day was given over. Postea, p. 225. 259.

Rolls cited Pollard’s and Blygh’s case 10 Jac. supporting Justice Jones’ opinion. Crew, C. J. and Whitlock, J. absent. 2 Cr. 479. 674. Palm. 428.