Bizzell v. Auto Tire & Equipment Co.
Supreme Court of North Carolina
Appeal by both parties from Lyon, J., at tbe April Term, 1921, of WayNe. Summary proceedings in ejectment, under tbe landlord and tenant act, instituted before a justice of tbe peace, carried by appeal to tbe county court of Wayne County, and tbence to Superior Court of said county, where- it was tried before D&oin, J., and a jury, at November Term, ,1920. On tbe trial plaintiff offered in evidence a contract of rental of tbe property to defendant at $57.50, for month…
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Appeal by both parties from Lyon, J., at tbe April Term, 1921, of WayNe. Summary proceedings in ejectment, under tbe landlord and tenant act, instituted before a justice of tbe peace, carried by appeal to tbe county court of Wayne County, and tbence to Superior Court of said county, where- it was tried before D&oin, J., and a jury, at November Term, ,1920. On tbe trial plaintiff offered in evidence a contract of rental of tbe property to defendant at $57.50, for month beginning 19 January, 1920, said contract containing, among others, tbe following provision: “Tbe party of tbe first part…
1Opinion of the Court
DEFENDANT’S APPEAL.
Hoke, J.,
after stating the case: It is very generally understood, uniformly so far as examined, that an attorney at law, by virtue of his employment as such in a given case, has the control and management of a suit in all matters of procedure, and in the absence of fraud and collusion can make such stipulations and agreements as ’may commend themselves to his judgment in so far as they may affect the remedy he is endeavoring to pursue. Chemical Co. v. Bass, 175 N. C., 426; Gardiner v. May, 172 N. C., 192; Harrill v. R. R., 144 N. C., 542; Westhall v. Hoyle, 141 N. C., 338;…
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