said the act direc's a schf-t. and it must be followed — meaning the act of 1777, ch. 2, sec. 18.
Judgment the defendant.,
Hunter v. Hill, 3 N.C. 223, 2 Hayw. 223 (1802)
Oct. 1802
·
North Carolina Superior Court
3 N.C. 223, 2 Hayw. 223
Hunter, assignee, &c. vs. Hill.
'T'fi IS was an action of debt against Kill, as hail of Ashe. Plea in abatement, that he should have been prosecuted by sci.fa. and not by an action of debt. Demurrer and joinder. And after argument,