Booth v. . Hairston

This case was heard and determined by the Court in an opinion filed 23 February, 1927, and reported in 193 N. C., p. 278.

The defendant filed a petition to rehear. Because of the importance of the principle involved the entire case has been thoroughly reexamined by the Court. The divergent views with respect to the principles of law involved are set forth in the main opinion and the dissenting opinion in the original case. The main conflict in the law, as announced in this State, arises upon a construction of Spivey v. Rose, 120 N. C., 163, and Dew v. Pike, 145 N. C., 303. The defendant…