Let the motion be disallowed-.
Den on demise of Cleveland v. Grime, 5 N.C. 268, 1 Mur. 268 (1809)
July 1809
·
Supreme Court of North Carolina
5 N.C. 268, 1 Mur. 268
Den on demise of Cleveland v. Grime.
} From Ashe.
Motion to file a new declaration in ejectment, the original being lost out of the office, and Defendant served ,with notice to produce a copy, disallowed.
A motion was made on behalf of the Plaintiff, for leave to file a new declaration according to the courses of his deed, it appearing that the declaration which had been originally filed, was lost out of the office, and that a notice had been served on the, Defendant to produce the copy of the declaration which had been delivered to him at the commencement of the suit, and it was referred to this Court to decide whether the motion should be allowed.