Munroe v. . Stutts
Supreme Court of North Carolina
Appeal from Moore Superior Court of Law, at the Special Term, in the Spring of 1S48, his Honor Judge Settle presiding. • In April, 1838, a warrant was brought in the name of Archibald Munroe, guardian of the infant children, &c., and to the use of Cornelius Dowd, trustee, &c., against-William Barrett and others, for $49 and interest, due by note.
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Appeal from Moore Superior Court of Law, at the Special Term, in the Spring of 1S48, his Honor Judge Settle presiding. • In April, 1838, a warrant was brought in the name of Archibald Munroe, guardian of the infant children, &c., and to the use of Cornelius Dowd, trustee, &c., against-William Barrett and others, for $49 and interest, due by note. It was executed by one Hedgepeth, a deputy sheriff. and, on the 5th of May following, judgment was rendered against Barrett, and staid on the 14th of the same month. The present suit was commenced on the 15th of December, 1843, by warrant on the…
1Opinion of the CourtRuffin, C. J.
The evidence set forth in the exception,
and the questions made upon it, related altogether to the plea of payment, and it is to be regretted, that the form of the verdict does not allow a decision to be made exclusively on those questions, as the Court is of opinion, that the decision in the Superior Court was erroneous. Upon the objection to the competency of Hedgepeth’s declarations, it was incumbent on the Judge to determine;, at least, so far as to say, whether there was such prima facie evidence of agency as to render the acts and declarations of Hedgepeth those of the plaintiff. 1 Phil.…
2Cited by8 opinions
- State v. . WhitenerSupreme Court of North Carolina · 1926
- State v. . DickSupreme Court of North Carolina · 1864
- Hunsucker v. CorbittSupreme Court of North Carolina · 1924
- State v. . RileySupreme Court of North Carolina · 1924
- Hunsucker v. . CorbittSupreme Court of North Carolina · 1924
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