Summary
In Hutchins v. McLean, 1 N.C. 327, decided in 1800, by the Court of Conference, these statutes are recognized as being in force.
Summary of this case from West v. RatledgeOpinion
(Spring Term, 1800.)
In detinue, where no value is laid in the writ of the property sued for, the defendant should demur; he cannot, after a verdict finding the value, move it in arrest of judgment.
This was an action of detinue brought in Fayetteville Superior Court, and the writ was "to answer Anthony Hutchins, of a plea that he render to him the following negro slaves, to wit, a female slave named Milly, and her three children, to wit: Creecy or Lucretia, Simon, and Lettice, which he unjustly detains, to his damage of five hundred pounds." The plaintiff had a verdict in which the value of each slave was found; and the defendant's counsel moved in arrest of judgment, that no price or value is laid for the negroes named in the writ as being detained.
The reasons in arrest of judgment cannot avail the defendant. He ought to have demurred for the cause assigned in his reasons in arrest of judgment, but having pleaded an issuable plea, (328) and that being found against him, it is too late, after the verdict, to take the exceptions. This defect being excused by the several acts of the General Assembly for the amendment of the law.
Cited: West v. Ratledge, 15 N.C. 38.