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SILAS BRIGHT, BY GUARDIAN, v. THOS. WILSON AND WIFE. — Conf., 24.

1. The action of waste will lie in this State.

2. It is not error for the judgment in an action of waste to be for the damages only and not also pro the place wasted.

JOHNSTON, J.

I am of opinion that the judgment of the county court should be affirmed.

TAYLOR, J.

No special errors are assigned in this case, and I have not, upon a view of the record, been able to discern any; the writ in its substantial parts is conformable to the precedent in the register, and though the judgment does not appear to be rendered according to 6 Ed. 1, for the place wasted, yet that omission being for the defendant's benefit, was not, I presume, intended to be assigned.

MACAY, J.

I am also of opinion that the judgment of the county court should be affirmed.

Judgment for defendants in error.

Cited: Dozier v. Gregory, 46 N.C. 104.

NOTE. — See Ballentine v. Poyner, 3 N.C. 110, and the cases referred to in the note.

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BRIGHT v. WILSON
(Jan 1, 1800)