W. B. Mershon & Co. v. Morris
Supreme Court of North Carolina
Case AGREED, beard by Justice, J., at chambers in Butii-erford, 24 December, 1907. Parties plaintiff and defendant, having a question in difference which might properly become the subject of a civil action, and desiring to avoid the expense and delay of an action, have agreed upon the following case, which contains all the material facts upon which the controversy depends, and herewith submit the same, with the request that the court render such judgment as may be proper in…
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Case AGREED, beard by Justice, J., at chambers in Butii-erford, 24 December, 1907. Parties plaintiff and defendant, having a question in difference which might properly become the subject of a civil action, and desiring to avoid the expense and delay of an action, have agreed upon the following case, which contains all the material facts upon which the controversy depends, and herewith submit the same, with the request that the court render such judgment as may be proper in the premises. It is agreed: 1. That the Fry-Walker Lumber Company is a corporation duly chartered by the State of North…
1Opinion of the Court
OoNNOR, J.,
after stating the facts: We concur with counsel for appellant that when a case is submitted upon an agreed state of facts or upon demurrer no exception or assignment of error is necessary. The appeal brings up the entire record, and is itself an exception. Reade v. Street, 122 N. C., 301; Wilson v. Lumber Co., 131 N. C., 163, where the subject is discussed, the authorities cited, by the present Chief Justice.
A careful examination of these opinions will remove what seems to be some doubt in the minds of the profession upon the subject. We concur with his Honor in holding that the…
2Cases cited3 opinions
- Stuart v. LairdSupreme Court of the United States · 1803
- Wilson v. Beaufort County Lumber Co.Supreme Court of North Carolina · 1902
- Reade v. . StreetSupreme Court of North Carolina · 1898
3Cited by7 opinions
- Warren v. Littleton Orange Crush Bottling Co.Supreme Court of North Carolina · 1933
- Raleigh Banking & Trust Co. v. Safety Transit Lines, Inc.Supreme Court of North Carolina · 1930
- Bank v. . Oil Co.Supreme Court of North Carolina · 1912
- Merchants National Bank v. Dunn Oil Mill Co.Supreme Court of North Carolina · 1912
- North Carolina Mortgage Corp. v. MorganSupreme Court of North Carolina · 1935
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