Blake v. . Askew

76 N.C. 325 | N.C. | 1877

If feigned issues were ever entertained in this State, they are abolished by the Constitution, Art. 4, § 1.

This is manifest by a feigned issue based upon a wager to test the validity of certain bonds said to have been issued by the State alleged in the pleadings to amount to $5,000,000.

Besides the objection that it is a feigned issue which is forbidden by the Constitution, it is an attempted fraud upon the State, by putting her interests in jeopardy and affecting her credit, in a controversy to which she is not a party.

The action is "not fit to be entertained" and is therefore dismissed.

Each party will pay his own costs.

PER CURIAM. Judgment accordingly.