Legal Opinion

Simon v. . Manning

Supreme Court of North Carolina

Decided February 5, 1888PublishedCited by 4 opinions

Evidence — Res Gestee. This is a civil ACTION, which was tried before Connor, J., at January Term, 1887, of New HaNOVEB, Superior Court. The defendant, Sheriff of New Hanover County, having in his hands an execution against L. G. Cherry, seized and sold a stock of goods as his property, for which the plaintiffs claiming title bring this action to recover damages. The only question made at the trial was as to the ownership of the goods.

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Evidence — Res Gestee. This is a civil ACTION, which was tried before Connor, J., at January Term, 1887, of New HaNOVEB, Superior Court. The defendant, Sheriff of New Hanover County, having in his hands an execution against L. G. Cherry, seized and sold a stock of goods as his property, for which the plaintiffs claiming title bring this action to recover damages. The only question made at the trial was as to the ownership of the goods. The said L. G. Cherry, examined as a witness for the plaintiffs, testified among other things, that one C. H. Strode, then a deputy of the defendant and since…

1Opinion of the Court

Smith, C. J.,

(after stating the case). The offer was to prove that L. G. Cherry did not, as he himself testified, deny that he owned the goods in his charge and assert that they belonged to his wife, but, on the contrary, demanded that his exemptions should be laid off, thus exercising a right of ownership of them. The testimony itself was perfectly competent in contradiction of the statement of L. G. Cherry, for it was but a different version of what passed between him and the officer when the latter came to make levy under the writ. Had any one else been present and heard the conversation…

2Cases cited1 opinion

  1. Roberts v. . RobertsSupreme Court of North Carolina · 1880

3Cited by4 opinions

  1. Bumgardner v. Southern Railway Co.Supreme Court of North Carolina · 1903
  2. Staley v. Royal Pines Park, Inc.Supreme Court of North Carolina · 1932
  3. Hamrick v. Telegraph Co.Supreme Court of North Carolina · 1905
  4. State v. . PeeblesSupreme Court of North Carolina · 1915

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