Merrit v. Merrit, 2 N.C. 27, 1 Hayw. 27 (1792)

Oct. 1792 · North Carolina Superior Court
2 N.C. 27, 1 Hayw. 27
Merrit v. Merrit; and Brehon v. Tuton's Adm'r

Merrit v. Merrit, and Brehon v. Tuton’s Adm’r.

Plaintiffs in these respective suits hsflWfcovcrcd judgments, and executions having been issued against the Defendants respectively, milla bona were returned : and thereupon in the latter of these causes, the clerk had issued execution for Plaintiffs costs, against the Plaintiff himself: and the propriety of this measure being moved to the Court, they said unanimously, that the Plaintiff is liable for his own costs where the Defendant is insolvent, and that the Clerk was justifiable in what he had done.

The original note of this case is without date, and perhaps it may be misplaced in point of time.