Legal Opinion

Ashe v. . Gray

Supreme Court of North Carolina

Decided February 5, 1884PublishedCited by 15 opinions

PETITION to rehear filed by defendant and heard at February Term, 1884, of The SupreMeUourt. The decision in this case, as reported in 88 N. C., 190, was that an action for deceit and false warranty in the sale of a horse, is cognizable in the superior court, though the damages claimed amount only to fifty dollars.

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PETITION to rehear filed by defendant and heard at February Term, 1884, of The SupreMeUourt. The decision in this case, as reported in 88 N. C., 190, was that an action for deceit and false warranty in the sale of a horse, is cognizable in the superior court, though the damages claimed amount only to fifty dollars. The defendant asks that the ruling be reversed, and states in his petition to rehear: 1. The complaint and answer show that plaintiff did not sue for deceit and fraudulent representations, associated with a cause of action for a false warranty, but that the first and second…

1Opinion of the CourtSmith, C. J.

“The weightiest considerations make it the-duty of the court to adhere to its decisions. No case ought to be heard upon petition to rehear unless it was decided hastily, and some material point was overlooked, or some direct authority not called to the attention of the court.”

This language of the late Chief-Justice, found in the opinion in Watson v. Dodd, 72 N. C., 240, is almost in the very words reiterated by different members of the court in Hicks v. Skinner, at the same term; Lewis v. Rountree, 81 N. C., 20; Haywood v. Daves, Ib., 8; Devereux v. Devereux, Ib., 12; and Mizell v. Simmons,…

2Cases cited5 opinions

  1. Watson v. . DoddSupreme Court of North Carolina · 1875
  2. Street v. . TuckSupreme Court of North Carolina · 1881
  3. Finch v. . BaskervilleSupreme Court of North Carolina · 1881
  4. Lewis v. W. D. Rountree & Co.Supreme Court of North Carolina · 1879
  5. Mizell v. . SimmonsSupreme Court of North Carolina · 1880

3Cited by15 opinions

  1. Keen v. ParkerSupreme Court of North Carolina · 1940
  2. Keen v. . ParkerSupreme Court of North Carolina · 1940
  3. Fields v. . BrownSupreme Court of North Carolina · 1912
  4. Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1904
  5. Robertson v. HaltonSupreme Court of North Carolina · 1911

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