Ferrabow v. . Green
Supreme Court of North Carolina
This was an appeal from the judgment rendered by Boy-kin, J., at the April Term, 1891, of the Superior Court of Granvblle, on the ground that the former judgment was not modified in accordance with the direction of the Supreme Court. (108 N. C., 34‘3). r,
1Opinion of the Court
Avery, J.:
When this case was heard on appeal at the February Term, 1891 (108 N. C., 339, 343), this Court said: “It is only necessary that the final decree shall be modified so as to provide that all of the defendants, their agents, etc., shall be restrained from committing further waste upon the lands, and to.sirike out so much of it as adjudges-that the plaintiffs shall recover damages of the defendants, H. A. Stem and W. T. Stem.”
At the next term, after the transcript went down, the presiding Judge modified the former judgment by not only striking out so much of it as awarded damages…
2Cases cited10 opinions
- Branch v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1883
- Cook v. . PattersonSupreme Court of North Carolina · 1889
- Horton v. . HorneSupreme Court of North Carolina · 1888
- Perry v. . AdamsSupreme Court of North Carolina · 1887
- Wall v. . CovingtonSupreme Court of North Carolina · 1877
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3Cited by3 opinions
- Vanderbilt v. Johnson.Supreme Court of North Carolina · 1906
- Finch v. Strickland.Supreme Court of North Carolina · 1902
- Costin v. . BaxterSupreme Court of North Carolina · 1846