Anniston National Bank v. School Committee of Durham
Supreme Court of North Carolina
Civil ActioN, tried before Timberlake, J., and a jury at June (Special) Term, 1897, of Durham Superior Court. The facts appear in the opinion and in the report of former appeal (118 N. C., 383). From a judgment for the plaintiff the defendant appealed.
1Opinion of the Court
Furches, J.:
This case has been here before and is reported in 118 N. C., 383. On the trial presented by this appeal, the plaintiff and defendant both tendered issues for the jury. The court accepted those tendered by the plaintiff and rejected those tendered by defendant, and the defendant excepted. We see no error in this ruling, as there is no issue arising from the pleadings that the issues adopted by the court did not present. And we can see no grounds of defence that the defendant was entitled to, that might not have been made under these issues. Baker v. Railroad, 118 N. C., 1015;…
2Cases cited8 opinions
- Wittkowsky v. WassonSupreme Court of North Carolina · 1874
- Denmark v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1890
- Rittenhouse v. Wilmington Street-Railway Co.Supreme Court of North Carolina · 1897
- Baker v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1896
- State v. . ShuleSupreme Court of North Carolina · 1849
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Cox v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1898
- Haughton v. Aetna Life InsuranceIndiana Supreme Court · 1905
- Neal v. . R. R.Supreme Court of North Carolina · 1900
- Cable v. Southern Railway Co.Supreme Court of North Carolina · 1898
- Neal v. Carolina Central RailroadSupreme Court of North Carolina · 1900
19 more not listed; retrieve them via the Exa API.