Bright ex rel. Bright v. Wilsons, 1 N.C. 24, 1 Cam. & Nor. 24 (1800)

June 1800 · North Carolina Court of Conference

1 N.C. 24, 1 Cam. & Nor. 24

Silas Bright, an infant, &c. by Aaron Bright, his father and guardian, vs. Simon Wilson, and Franky his Wife

This was a writ of error brought in the Superior Court of Law for Edenton District, to reverse the judgment of the County Court of Currituck, rendered in a cause between the above mentioned parties. The plaintiff brought a writ of waste in the words following to wit:—State of North-Carolina, to the Sheriff of Currituck County, Greeting: You are hereby commanded to summon Simon Wilson and Franky his wife, that they be before the Justices of our county court of Pleas and Quarter Sessions, to be held at the Court-House of our said county, on the last Monday of February next, to answer unto Silas Bright, an infant, &c. by Aaron Bright, his father and natural guardian, in a plea why in the houses, lands and woods, in the county of Currituck aforesaid; which in right of the said Franky, they hold for the term of the life of the said Franky, by the devise of Silas Bright, deceased, they have made waste, spoil, and destruction to the disinheriting of him the said Silas, against the provisions of law, and to the damage of him the said Silas, five hundred pounds, herein fail not, &c. which being executed and returned to February term, 1797, the defendants appeared and pleaded "the General issue, with leave to give the special matter in evidence," and the cause was continued from term to term, till May term, 1798, when a Jury being impannelled and sworn, found the defendants guilty of having committed waste in the premises charged in the plaintiff’s declaration, and assessed the plaintiff’s damages to £ 133 8d, and costs, whereupon the defendants prayed, and were allowed a writ of error, and by their attorney assigned the following errors, to wit: "That in the record and proceedings aforesaid, and also in giving the judgment aforesaid, there is manifest error, to wit: that the declaration aforesaid, and the matters therein contained, are not sufficient in law for the said Silas Bright to have and maintain his aforesaid action thereof against the said Simon Wilson and Franky his wife—there is also an error in this, to wit: that by the record it appears said, a form that the judgment aforesaid given, was given for the said Silas Bright; whereas by the laws of the land, the said judgment ought to have been given for the said Simon Wilson and Franky his wife, against the said Silas Bright; and the said Simon Wilson and Franky his wife, pray that the judgment aforesaid, for the errors aforesaid, and other errors in the record and proceedings aforesaid, may be reversed and annulled, and altogether held for nothing, and that they may be restored to all things they have lost by occasion of the said judgment.

William Slade, Attorney for Plaintiffs in error.

Johnston, Judge

I am of opinion that the judgment of the County Court should be affirmed.

Taylor, Judge

No special errors are assigned in this case, and I have not upon a view of the record been able to discern any; the writ in its substantial parts is conformable to the precedent in the register, and though the judgment does not appear to be rendered according to 6 Ed. I. for the place wasted, yet that omission being for the defendants benefit, was not, I presume, intended to be assigned.

Macay, Judge

I am also of opinion, that the judgment of the County Court should be affirmed.

Judgment for defendants in error.