Legal Opinion

Whitaker v. . Smith

Supreme Court of North Carolina

Decided June 5, 1879PublishedCited by 15 opinions

Civil ActioN tried at Spring Term,, 1879i of Halifax Superior Court, before Eure, J. The-opinion contains- the facte. His Honor gave judgment for the sum claimed by plaintiff as due for services rendered as a farm overseer, but held that he had no lien on the crops, &c.7 of defendant to secure payment of the judgment.

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Civil ActioN tried at Spring Term,, 1879i of Halifax Superior Court, before Eure, J. The-opinion contains- the facte. His Honor gave judgment for the sum claimed by plaintiff as due for services rendered as a farm overseer, but held that he had no lien on the crops, &c.7 of defendant to secure payment of the judgment. From which ruling the plaintiff appealed, Commented upon the ruling in Wray v. Harris, 77 N. G., 77, and maintained that under the constitution and acts of assembly, overseers Were not the objects of’the benefits conferred. An overseer is simply an agent. Smith w, Cameron, 11…

1Opinion of the CourtAshe, J.

This- was an action to recover of the defendant services rendered, by the plaintiff as overseer during the year 1877, and to enforce what is claimed to be a laborer's lien upon the crops, stock, farming utensils, and plantation of the defendant. A document was filed with the clerk of the superior court of Halifax, county, purporting to be a notice of lien which is as follows:

“Know all men by these presents that I, Jesse E. Whitaker, of the county of Halifax and state of North Carolina, commenced work by verbal contract with James N. Smith, on the first day of January, 1877,. as overseer and…

2Cases cited1 opinion

  1. Hambrick v. CrawfordSupreme Court of Georgia · 1875

3Cited by15 opinions

  1. Stephens v. . HicksSupreme Court of North Carolina · 1911
  2. Scheflow v. . PierceSupreme Court of North Carolina · 1918
  3. Moore v. . Industrial Co.Supreme Court of North Carolina · 1905
  4. Meands v. ParkSupreme Judicial Court of Maine · 1901
  5. Southeastern Steel Erectors, Inc. v. Inco, Inc.Court of Appeals of North Carolina · 1993

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