Woodley v. . Hassell
Supreme Court of North Carolina
Civil action for the recovery of land, tried before Shipp, Judge, and a jury, at Spring Terra, 1885, of the Superior Court of TYRRELL county. The land, which is the subject of controversy, belonged to Daniel "Woodley, senior, and was sold in November, 1868, to John W. Hassell, at the price of $106 by the sheriff of Tyrrell county, under execution issuing upon a decree rendered in the Court of Equity of that county, to satisfy the fees and costs due the officers.
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Civil action for the recovery of land, tried before Shipp, Judge, and a jury, at Spring Terra, 1885, of the Superior Court of TYRRELL county. The land, which is the subject of controversy, belonged to Daniel "Woodley, senior, and was sold in November, 1868, to John W. Hassell, at the price of $106 by the sheriff of Tyrrell county, under execution issuing upon a decree rendered in the Court of Equity of that county, to satisfy the fees and costs due the officers. The possession afterwards, as before the sale, remained undisturbed in the former owner. In January, 1878, the purchaser, by…
1Opinion of the CourtSmith, C. J.
(after stating the facts). ' I. The deposition was taken on December 22, 1880, under a mutual order for taking depositions de bene esse, after notice directed to all the defendants, service of which was accepted by their attorney of record, and they were represented by counsel on the occasion.
II. The statute requires a motion to be made before the trial is entered upon for the rejection of a deposition, “ for irregularity in the taking of it, in whole or in part, for scandal, impertinence, the incompetency of the testimony, for insufficient notice, or for any other good cause,” but the…
2Cases cited8 opinions
- Currie v. . ClarkSupreme Court of North Carolina · 1884
- Black v. . JusticeSupreme Court of North Carolina · 1882
- Crews v. First National Bank of CharlotteSupreme Court of North Carolina · 1877
- Horton v. . WhiteSupreme Court of North Carolina · 1881
- Katzenstein v. Raleigh & Gaston Rail-RoadSupreme Court of North Carolina · 1878
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3Cited by7 opinions
- Shaffer v. GaynorSupreme Court of North Carolina · 1895
- Credle v. . AyersSupreme Court of North Carolina · 1900
- Hilliard v. . PhillipsSupreme Court of North Carolina · 1879
- Byrd v. Carolina Spruce Co.Supreme Court of North Carolina · 1915
- Shaffer v. . GaynorSupreme Court of North Carolina · 1895
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