By
The plaintiff does not deny that he has a christian-name. We are therefore to presume that he has one: that being the case, he ought to have described himself by it.
Writ abated.
Labat v. Ellis, 1 N.C. 148, 1 Tay. 148 (1800)
March 1800
·
North Carolina Superior Court
1 N.C. 148, 1 Tay. 148
Labat versus Ellis.
Replication that the plaintiff is as well known by another as by his christian-name, is bad.
THE defendant pleaded in abatement, that the plaintiff’s christian-name was not inserted in the writ. The fact was that the plaintiff was a Frenchman, residing abroad, and his attorney, being unacquainted with his christian-name, had filled the writ in the name of Monsieur Labat.
The plaintiff replied that he was as well known by the name or appellation of Monsieur Labat, as by his christian or other name.
Demurrer.
Slade for the Plaintiff.
F. X. Martin for the Defendant.