Legal Opinion

Myers v. . Stafford

Supreme Court of North Carolina

Decided February 5, 1894PublishedCited by 16 opinions

This was a civil action for damages, brought by the plaintiff against the members of the Board of Commissioners of Alamance County, tried before Brown, J., and a jury, at August Term, 1893, of Guilford Superior Court. The plaintiff was, in September, 1890, adjudged guilty in bastardy proceedings by a Justice of the Peace and ordered to pay a fine of ten dollars, the costs of the proceeding and the allowance to the mother of the child.

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This was a civil action for damages, brought by the plaintiff against the members of the Board of Commissioners of Alamance County, tried before Brown, J., and a jury, at August Term, 1893, of Guilford Superior Court. The plaintiff was, in September, 1890, adjudged guilty in bastardy proceedings by a Justice of the Peace and ordered to pay a fine of ten dollars, the costs of the proceeding and the allowance to the mother of the child. In default of payment he was committed to jail, there to remain until legally discharged. The defendants, on the Gth of October, 1890, passed an order directing…

1Opinion of the Court

MacRae, J.:

We have held in the plaintiff’s appeal that ■this appeal- was prematurely perfected, pending an agree ment that a motion to set aside the judgment and the finding upon the second issue might be heard at December Term. His Honor at said term having heard the motion and set aside the judgment and the finding upon the second issue, the case now stands for trial in the- Superior Court upon the said issue, and the exceptions taken .upon the former trial, as to the first issue, having been saved-and reserved would be heard by this Court should there be another appeal. But as the matter…

2Cases cited1 opinion

  1. State v. . BurtonSupreme Court of North Carolina · 1893

3Cited by16 opinions

  1. State v. . CrookSupreme Court of North Carolina · 1894
  2. State v. SaxSupreme Court of Minnesota · 1950
  3. State v. . OstwaltSupreme Court of North Carolina · 1896
  4. State v. . ParsonsSupreme Court of North Carolina · 1894
  5. State v. . NelsonSupreme Court of North Carolina · 1896

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