Holley v. Smith.
Supreme Court of North Carolina
Action by Thos. D. Holley against William Smith, beard by Judge George A. Jones and a jury, at November Term, 1902, of the Superior Court of Beetie County. From a judgment for the defendant, the plaintiff appealed.
1Opinion of the CourtClark, C. J.
This is the same case that was before us in 130 N. C., 85. The plaintiff avers that the Court, in that decision, overlooked chapter 532, Laws 1891. But if so, bis remedy was by petition to rehear. The former decision is the law of this ease, and the appellant can not escape the safeguards and requirements exacted for rehearings by simply taking another appeal presenting exactly the same proposition of law to the Court. Perry v. Railroad, 129 N. C., 333, and cases there cited.
But, treating this as an original appeal, there is no error. The Act of 1891 (chapter 532), which was repealed by Act…
2Cases cited2 opinions
- Perry v. Western North Carolina RailroadSupreme Court of North Carolina · 1901
- Holley v. Smith.Supreme Court of North Carolina · 1902
3Cited by6 opinions
- Britt v. Carolina Northern RailroadSupreme Court of North Carolina · 1908
- Harrington v. Rawls.Supreme Court of North Carolina · 1904
- Charles S. Riley & Co. v. W. T. Sears & Co.Supreme Court of North Carolina · 1911
- Hospital v. . R. R.Supreme Court of North Carolina · 1911
- Carter v. WhiteSupreme Court of North Carolina · 1904
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