Brooks v. . Austin
Supreme Court of North Carolina
Special proceeding- heard on appeal from the Clerk, by Shipp, Judge, at Fall Term, 1885, of the Superior Court of Union county. This special proceeding was brought for the purpose of having the land described in the petition sold for partition among the heirs-at-law of D. B. Austin, deceased.
Read the full summary
Special proceeding- heard on appeal from the Clerk, by Shipp, Judge, at Fall Term, 1885, of the Superior Court of Union county. This special proceeding was brought for the purpose of having the land described in the petition sold for partition among the heirs-at-law of D. B. Austin, deceased. In the petition and the answers thereto, reference is made to an ante-nuptial agreement, made by and between the said Austin, and the feme defendant, Catherine Helms, who was his wife, and surviving widow, and who, since his death, has intermarried with the defendant A. M. Helms, but the same is not made…
1Opinion of the CourtMere'imoN, J.
(after stating the facts). The counsel for the appellants excepted to the ruling of the Clerk, and likewise that of the Judge, in respect to the ante-nuptial agreement mentioned, but it does not appear affirmatively how the latter came before the court. A copy of the agreement is sent up as a part of the transcript of the record.
In this Court, the counsel for the appellees moved, at the present term, to affirm the judgment, upon the grounds that no error is assigned in the record, and there is no statement of the case on appeal for this Court.
The proceedings are certainly very informal, and…
2Cases cited2 opinions
- State v. . CrookSupreme Court of North Carolina · 1884
- State v. . ByrdSupreme Court of North Carolina · 1885
3Cited by4 opinions
- Mason v. Moore County Board of CommissionersSupreme Court of North Carolina · 1948
- Board of Commissioners v. ScalesSupreme Court of North Carolina · 1916
- State Ex Rel. Clark v. PeeblesSupreme Court of North Carolina · 1897
- Carolina Power & Light Co. v. MerrittCourt of Appeals of North Carolina · 1979