Mera v. . Scales , 9 N.C. 364 ( 1823 )

The affidavit is sufficient; let a certiorari issue.

And now, on the return of the certiorari, the record showed it to have been an action of covenant in which the breach assigned was the nonpayment of $2,650, which defendant, by his covenant, had bound himself to pay. The jury found that defendants had paid to the plaintiff $2,650.15 and assessed the plaintiff's damages to $39.29. Thereupon, defendant's counsel moved, but without success, to nonsuit the plaintiff.