Farthing v. Carrington
Supreme Court of North Carolina
ControveRst, submitted without action, heard before Green, J., at March Term, 1895, of Durham Superior Court, and from the judgment rendered therein the plaintiff appealed. T|ie appeal was docketed in this Court on the-day of-, 1895, after the cases from the 5th District had been disposed of, and by consent was heard on the --- day of April, 1895. The submission to the Court below was as follows: Gf.
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ControveRst, submitted without action, heard before Green, J., at March Term, 1895, of Durham Superior Court, and from the judgment rendered therein the plaintiff appealed. T|ie appeal was docketed in this Court on the-day of-, 1895, after the cases from the 5th District had been disposed of, and by consent was heard on the --- day of April, 1895. The submission to the Court below was as follows: Gf. C. Farthing, Hiram Jones and "W. T. Carrington, being parties to a question in difference which might be the subject of a civil action, present a submission of the same to the Court for its…
1Opinion of the Court
MONTGOMERY, J.:
This case was submitted to the court below under section 567 of The Gocle, and is here by appeal. This section of The Code answers a most excellent and useful purpose, in that it enables parties to have their questions in difference settled upon an agreed state of facts, without delay and without the cost of witnesses and a trial below. It disregards forms, as such, and the perplexities of pleadings. It requires only that, by affidavit, it shall be made to appear that a real case exists and that the controversy is submitted in good faith to determine the rights of the parties.…
2Cases cited2 opinions
- Jno. S. Reese & Co. v. ColeSupreme Court of North Carolina · 1885
- McKay v. . GilliamSupreme Court of North Carolina · 1871
3Cited by6 opinions
- Hicks v. . Greene CountySupreme Court of North Carolina · 1930
- School Committee of Raleigh Township v. Each & All the Owners of Taxable Property Within Raleigh TownshipSupreme Court of North Carolina · 1932
- Wittkowsky v. . BaruchSupreme Court of North Carolina · 1900
- School Committee of Raleigh Township v. Each & All the Owners of Taxable Property Within Raleigh TownshipSupreme Court of North Carolina · 1932
- Stewart v. . StateSupreme Court of North Carolina · 1896
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