Legal Opinion · Concurrence

Vann v. Edwards

Supreme Court of North Carolina

Decided May 30, 1901Published

ActioN by T. E. Vann, administrator of Darius Edwards, against D. K. Edwards, beard by Judge T. A. McNeill and a jury, at Fall Term, 1900, of tbe Superior Court of ITerteoRD ■County. Erom a judgment for tbe plaintiff, tbe defendant appealed.

1Concurrence

Glakk, J.,

concurring in result, I dissent from that part of the opinion which says that “if” the defence had rested upon the assignment of the note by the wife, who owned it, being proceeds of sale of her land, it would not have availed, citing Walton v. Bristol, 125 N. C., 419. An appeal here is to review rulings of •the Judge below upon exceptions duly taken. There was no ruling below upon this point, no exception thereon, and the ruling which does com© before us is upon an entirely different state of facts. The obiter in Walton v. Bristol can only become authority if approved upon a *427state…

2Cases cited15 opinions

  1. Farthing v. . ShieldsSupreme Court of North Carolina · 1890
  2. State v. . OliverSupreme Court of North Carolina · 1874
  3. Hanover National Bank v. HowellSupreme Court of North Carolina · 1896
  4. Smaw v. . CohenSupreme Court of North Carolina · 1886
  5. Bates v. SultanSupreme Court of North Carolina · 1895

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