Springer v. . Shavender
Supreme Court of North Carolina
PetitioN to Rehear the case between the same parties decided at February Term, 1895, and reported in 116 N. C. Reports, at page 12. The petition was as follows: “ The petitioner, the plaintiff in the above-entitled action, respectfully presents the fob owing statement as a sufficient summary of the case, to illustrate what he humbly considers to be the erroneous ruling of the court. Summary of the Case.
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PetitioN to Rehear the case between the same parties decided at February Term, 1895, and reported in 116 N. C. Reports, at page 12. The petition was as follows: “ The petitioner, the plaintiff in the above-entitled action, respectfully presents the fob owing statement as a sufficient summary of the case, to illustrate what he humbly considers to be the erroneous ruling of the court. Summary of the Case. Sometime in 1882, or shortly prior thereto, W. G. Jarvis, as the administrator of one George W. Dixon, instituted a special proceeding in the Superior Court of Beaufort county for the purpose…
1Opinion of the Court
The basis of the application to rehear and reverse the former ruling of this Court (116 N.C. 12) is the contention that there was error in holding that the children of George W. Dixon were not concluded by the finding in the special proceeding instituted by his administrator to sell the land in controversy, and to which said heirs were parties, that he was then, dead, though it is now found by the jury that he was in fact alive when the administrator issued the summons and when the land was sold under the decree for assets. The question presented is whether the doctrine of estoppels applies…
2Cases cited13 opinions
- Scott v. McNealSupreme Court of the United States · 1894
- Withers v. PattersonTexas Supreme Court · 1864
- Roderigas v. . East River Savings InstitutionNew York Court of Appeals · 1875
- Thomas v. People ex rel. JoinerIllinois Supreme Court · 1883
- Melia v. SimmonsWisconsin Supreme Court · 1878
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Reynolds v. Lloyd Cotton MillsSupreme Court of North Carolina · 1919
- City of Dothan v. HollowaySupreme Court of Alabama · 1986
- Shelton & Luck v. SydnorSupreme Court of Virginia · 1920
- Clark v. . HomesSupreme Court of North Carolina · 1925
- High v. PearceSupreme Court of North Carolina · 1941
21 more not listed; retrieve them via the Exa API.