McArter v. . Rhea
Supreme Court of North Carolina
Civil action tried before Nonvood, J., and a jury at Spring Term, 1897, of Cleveland Superior Court. There was a verdict for the plaintiff and defendant appealed. The facts sufficiently appear in the opinion.
1DissentOlaric, J.
The expression in the opinion “and without it (a seal) the process is void” is an obiter dictum, since the expression is not called for by the exception, and its omission (as will he seen at a glance) will not affect the reasoning in the opinion, or the result. As an obiter dictum it can have no weight as a precedent and its presence can *617serve no beneficial purpose. As is said by Faircloth, C. J., in bis concurring opinion in Williams v. Gill, at this term, £;The facts in this case do not authorize or call for such an expression. Too much dicta leads to confusion and requires too much…
2Cases cited5 opinions
- Henderson v. . GrahamSupreme Court of North Carolina · 1881
- Smith on Demise of Kelly v. SpencerSupreme Court of North Carolina · 1842
- Williams v. . WeaverSupreme Court of North Carolina · 1888
- Den on Dem. of Purcell v. Tryon McFarland's HeirsSupreme Court of North Carolina · 1840
- Freeman v. . MorrisSupreme Court of North Carolina · 1853