Haymore v. Commissioners of Yadkin
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1881, of Yadkin Superior Court,'before Seymour, J. The plaintiff declares on two causes of action : First, That in the year 1863 there were certain parties under indictment in the county of Yadkin, whose causes were removed for trial to the county of Surry, of which latter county the plaintiff was at the time the sheriff and jailer.
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Civil Action tried at Spring Term, 1881, of Yadkin Superior Court,'before Seymour, J. The plaintiff declares on two causes of action : First, That in the year 1863 there were certain parties under indictment in the county of Yadkin, whose causes were removed for trial to the county of Surry, of which latter county the plaintiff was at the time the sheriff and jailer. That at the first term of the superior court, next after such removal, the causes were continued, and the judge then presiding considering the jail of Surry county to be insecure, ordered that the prisoners should be transferred…
1Opinion of the Court
RufKIN, J.,
after stating the case. So far as regards the plaintiff’s first cause of action, the case seems to be parallel with that of Daniel v. Commissioners of Edgecombe, 74 N. C., 494. It was there held to be contrary to equity and good conscience for the defendants to plead 'the statute of limitations, after they were understood by the plaintiff’s attorney in the cause, to have agreed that his claim should abide the result of another action to be instituted, on a similar claim, by another person, and had in pursuance of that agreement accepted the service of the summons taken out at the…
2Cases cited4 opinions
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
- Commonwealth of Ky. v. DENNISON, GOVERNOR, &C.Supreme Court of the United States · 1861
- Brown v. . TurnerSupreme Court of North Carolina · 1874
- Daniel v. . Commissioners of EdgecombeSupreme Court of North Carolina · 1876
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- Bridges v. StephensSupreme Court of Missouri · 1896
- Klass v. City of DetroitMichigan Supreme Court · 1901
- Barcroft & Co. v. Roberts & Co.Supreme Court of North Carolina · 1884
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