
    Columbia, November'Perm. 1814.
    Windle Hincle vs. Adam Carruth.
    Whitfield & Yakcey, for the Motion.
    
    AkdersoN, Contra.
    
    Assumpsit on a judgment and issue on non-assumpsit. from North-Carolina ; 7
    
      \ verdic“ alone can-, not be re-céis, ed as evidence ^ju0d/' "“dier though it seems our courts gNfn effect to such judgments, whenever single acTof°the ; whence a might be
    On production of the record, there appeared to have been a verdict only, and no judgment. The presiding Judge granted a non-suit.
    A motion is now made to set aside that non-suit.
   Nott, J.

I am aware, that the proceedings the inferior courts of North-Carolina, and some of the other states, are very irregular. I believe that judgments are never formally entered up. I am disposed, therefore, to extend all possible indulgence and liberality towards them : and I believe our courts have given effect to them, wherever have found a single word, or act of the court, from w^ence a judgment eould be inferred. But the ver-diet alone, cannot be received as evidence of a judgment.

The motion, therefore, must be discharged.

Justices Smith, Colcock, Bay, and Grimke, concurred.  