Morgan v. Moor , 1 N.C. 134 ( 1793 )

Doderidge, J. and Jones, J.

We doubt that it may be made part of the record. We think it cannot: But we will take time to think on it.

Jones, J.

Before he pleads in nullo est erratum the defendant may alledge the custom and conclude, so, in nullo est erratum.

Doderidge, J.

The custom ought to appear in the record below, and not in the pleadings in error. 2. R. 3. 9. How a man is to take advantage of a custom to affirm his judgment.