A Digest of All the Reported Cases, Both in Law And Equity : Determined in the Courts of North Carolina From the Earliest Period to the Present Year, Together With a Table of the Names of the Cases 1874 (4)

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Debts, the amount of which are certain and made so by the act of the parties, and claims for damages for torts, the amount of which are uncertain, and depend upon the finding of a jury, commented on, explained and distinguished from each other by Chief Justice Pearson. Ibid.
IV. OF JUDGMENTS AGAINST EXECUTORS, ADMINISTRATORS AND HEIRS.
A judgment confessed by executors will bind them in their individual capacity, though they style themselves as executors in making such confession. Hall v. Craig
...e, 65 N. C R. 51.
JUDGMENTS— Y.—YI. 275 V. INTERLOCUTORY JUDGMENT.
When an action under the old system was brought for goods sold and delivered to the defendant, and he demurs thereto, if the Court overrules the demurrer, it would be irreg- ular to grant a final judgment, but such judgment must only be interlocutory, and the inquisition of a jury is necessary to ascertain the value of goods so sold after having the proofs of both parties to the action. Merwin v. Ballard, 66 N. C li.
398.
See (Judgments — Of vacating judgments, 43, 44.) VI.


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