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Harper, J. The summary process is an equitable proceeding, and less strictness is required than when proceeding according to the forms of the common law. The process refers to the copy of the note indorsed on it; and may properly be said to make the copy a part of the process. In Equity, exhibits are part of the bill and answer. There was no variance between the copy and the note given in evidence; The motion for nonsuit is therefore refused.
Johnson, J. and O’Neall, J. concurred.
Document Info
Judges: Harper, Johnson, Neall
Filed Date: 6/15/1831
Precedential Status: Precedential
Modified Date: 10/18/2024