Opinion
December Term, 1805.
The defendant having pleaded in abatement that the plaintiff resided in the State of Georgia, and that he, the defendant, resided in the district of New Bern and ought not to be compelled to answer the suit in Fayetteville District Court, the plaintiff replied that one A. B. had the beneficial interest in the suit, and that he resided in Fayetteville District. The defendant demurred to this replication. Demurrer overruled.
THIS was an action on the case, to which the defendant pleaded in abatement that the plaintiff resided in the State of Georgia; that he, the defendant, resided in the district of New Bern, and this not being a local action, that he ought not to be compelled to answer thereto in any other court than that of the district in which he resided. To this plea the plaintiff replied that the beneficial interest in the suit was in Joshua Bell, and not in Arthur Bell, the nominal plaintiff; that the said Joshua Bell was at the time of issuing the writ in this case an inhabitant of and resident in the county of Anson within the district of Fayetteville, etc. To this replication the defendant demurred, and the plaintiff having joined in demurrer, the case was sent to this Court for the opinion of the judges.
From Fayetteville.
Let the demurrer be overruled with costs.