Legal Opinion

Lewis v. W. D. Rountree & Co.

Supreme Court of North Carolina

Decided June 5, 1879PublishedCited by 8 opinions

Petition to Rehear filed by defendants at January Term and heard at June Term, 1879, of The Supreme Court. The petitioners ask that the judgment rendered in this case, reported in 78 N. C., 823, be reversed. The errors assigned are stated in the opinion.

1Opinion of the CourtDillard, J.

The appeal to the January term, 1878, of this court was taken by the plaintiff from the judgment of the court below dismissing the action on the ground that the action upon the case made by the pleadings and on the facts found by the referee, Samuel A. Ashe, in law, did not lie; and at the hearing in this court it was held that His Honor was in error in ruling that the plaintiff was not entitled to. recover, and a certificate was ordered to issue to the court below that further proceedings might be had in conformity to the opinion filed. And now at this term a petition to rehear is brought on…

2Cases cited2 opinions

  1. Watson v. . DoddSupreme Court of North Carolina · 1875
  2. Von Glahn v. . HarrisSupreme Court of North Carolina · 1875

3Cited by8 opinions

  1. Weathers v. BordersSupreme Court of North Carolina · 1899
  2. Ashe v. . GraySupreme Court of North Carolina · 1884
  3. Fisher v. CID Copper Mining Co.Supreme Court of North Carolina · 1887
  4. Weston v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1914
  5. White v. . JonesSupreme Court of North Carolina · 1885

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