-The interlocutory judgment setting aside the default, can have no influence on this question; neither the one, or the other, can give the District Court jurisdiction, in a case where it otherwise had none. Let the rule for setting aside the nonsuit be discharged.
Waggoner v. Grove, 1 N.C. 516, 1 Cam. & Nor. 516 (1804)
June 1804
·
North Carolina Court of Conference
1 N.C. 516, 1 Cam. & Nor. 516
Jacob Waggoner vs. John Grove.
The writ in this suit was returned to Salisbury Superior Court, September term, 1802, and judgment by default entered against the defen*517 dant. At March term, 1803, he moved to set aside the the default, and for leave to plead; which was granted, on condition that he plead to the merits of the cause only, and thereupon he plead the general issue and payment. At March term, 1804, the cause came on for trial, and the amount of the plainttif's demand being ascertained, appeared to be under fifty pounds, the parties living in different districts. The defendant's counsel moved that a nonsuit be entered, which was done. The plaintiff's counsed then moved to set aside the nonsuit, on the ground that the defendant was estopped to take that advantage, by the condition annexed to the order setting aside the judgment by default; and, on motion, the case was ordered to this Court.