Legal Opinion

Sellers v. . Sellers

Supreme Court of North Carolina

Decided September 5, 1887PublishedCited by 14 opinions

Issues joined in a special proceeding-, tried before Boy-kin, Judge, at Spring Term, 1886, of Anson Superior Court. The plaintiffs allege that they are tenants in common with the Jeme defendant of the land described therein, and seek to have partition thereof, &c. The defendants deny the allegations of the petition, and allege that the feme defendant is sole seized of the land, &c.

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Issues joined in a special proceeding-, tried before Boy-kin, Judge, at Spring Term, 1886, of Anson Superior Court. The plaintiffs allege that they are tenants in common with the Jeme defendant of the land described therein, and seek to have partition thereof, &c. The defendants deny the allegations of the petition, and allege that the feme defendant is sole seized of the land, &c. In selecting a jury to try the issues thus raised, the plaintiffs challenged a juror for cause, and assigned as cause that he had not paid tax for the year next preceding the time •when his name was selected and…

1Opinion of the Court

MekkimoN, J.,

(after stating the case). The first assignment of error cannot be sustained. The name of the juror challenged must, in the order as prescribed in the statute (The Code, §§1722 — 1727), have been selected and placed on the jury list on the first Monday in September, 1885. To render him eligible to sit on the trial as a juror at the Spring Term, 1886, of the Court when it took place, he must have paid tax for the fiscal year next preceding the time when his name was so placed on the jury list, which was the fiscal year of 1884. It appears that he paid tax for that year, hence the…

2Cases cited6 opinions

  1. State v. . CarlandSupreme Court of North Carolina · 1884
  2. State v. . HaywoodSupreme Court of North Carolina · 1886
  3. State v. . ByrdSupreme Court of North Carolina · 1885
  4. Tatom v. . WhiteSupreme Court of North Carolina · 1886
  5. Young v. . JacksonSupreme Court of North Carolina · 1885

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
  2. State v. . LevySupreme Court of North Carolina · 1924
  3. State v. LevySupreme Court of North Carolina · 1924
  4. State v. . DavisSupreme Court of North Carolina · 1891
  5. State v. . GardnerSupreme Court of North Carolina · 1889

9 more not listed; retrieve them via the Exa API.

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