Let the rule for a new trial bo discharged,
King's Administrator v. Bryant's Executor, 5 N.C. 131, 1 Mur. 131 (1806)
June 1806
·
Supreme Court of North Carolina
5 N.C. 131, 1 Mur. 131
King’s Administrator vs. Bryant’s Executor.
From Halifax
Plaintiff having lost the bond alter an sp-peal tVnnv ment oftile cóu"q yi» permitted to prove me _contents mile trial perior”" Court> ami a ¡judgment me.clmghis declaration.
This wsa an action oí' debt brought ia the County Court of Northampton, and the -Bond declared on was produced on {lie tria! and the execution thereof duly proved-Yerdict arid Judgment were rendered for the plaintiff, and the defendant appealed to the Superior Court of Law for * Halifax District, subsequent to the appeal and before the trial of the cause in the Superior Court, the bond .declared on was lost. No application was made to the Court to a» mend the declaration, and u»on the trial in the Superior 7 * 5 Court, a question arose, whether, as the declaration set forth a profert of the bond, the production of the bond could be dispensed with and the plaintiff be permitted to the contents thereof ? The Jury gave a verdict for the plaintiff, and upon a rule for a new trial, the case was sent ÍO tlliS Court.