Smith v. . Hartsell
Supreme Court of North Carolina
ActioN tried before Justice, J., and a jury, at August Term, 1908, of CababRtts. The action was originally instituted by plaintiff against defendant L. T. Hartsell, and the complaint, among other things, alleged: 1. That George W. Robbins died intestate on 9 June, 1906, in the State of Arkansas, Howard County, having a family at the place of his residence, .and also having a living wife, Caroline E. Robbins, and two children residing in Concord, N. 0. 2. That at the date of…
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ActioN tried before Justice, J., and a jury, at August Term, 1908, of CababRtts. The action was originally instituted by plaintiff against defendant L. T. Hartsell, and the complaint, among other things, alleged: 1. That George W. Robbins died intestate on 9 June, 1906, in the State of Arkansas, Howard County, having a family at the place of his residence, .and also having a living wife, Caroline E. Robbins, and two children residing in Concord, N. 0. 2. That at the date of the death of said George ~W. Robbins he owed the plaintiff the sum of $750, which Caroline E. Robbins, A. B. McClure, J.…
1Opinion of the Court
Hoke, J.,
after stating the facts: Plaintiff’s action having been dismissed as on demurrer, the statements of the complaint, which make for his recovery, will be accepted as true and interpreted in the light most favorable to him; and, applying this rule ©f construction, we do not take the view of the facts alleged in the pleadings that seems to have impressed the trial judge. From these facts it appears that plaintiff had a valid and existing debt against one George Bobbins, who died intestate in the State of Arkansas, having a family there and leaving an estate valued at six 'or eight…
2Cases cited10 opinions
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- Wellington v. . KellyNew York Court of Appeals · 1881
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