Legal Opinion

Stout v. . Woody

Supreme Court of North Carolina

Decided June 5, 1868PublishedCited by 2 opinions

Case, tried before Ciüey, J., at Spring Term 1868, of the Superior Court of Chatham. Upon tbe trial, it appeared that a boy, by the name of Johnson, had been apprenticed to the plaintiff by the County Court of Chatham, at August Term 1861. There was evidence tending to show, that in 1859, the father of this boy being about to -marry, as a second wife, a woman of bad character, his children applied to their mother’s brother, to take-them under his protection, and thereupon…

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Case, tried before Ciüey, J., at Spring Term 1868, of the Superior Court of Chatham. Upon tbe trial, it appeared that a boy, by the name of Johnson, had been apprenticed to the plaintiff by the County Court of Chatham, at August Term 1861. There was evidence tending to show, that in 1859, the father of this boy being about to -marry, as a second wife, a woman of bad character, his children applied to their mother’s brother, to take-them under his protection, and thereupon the latter, with the¡ consent of the father, did so. That subsequent to such marriage he made no provision for his…

1Opinion of the Court

Read®, J.

The evidence is given in detail on both sides; the charge of the Judge is given in full; there is no exception on either side; the verdict is for the plaintiff, and the defendant has appealed.

This is an unusual way of presenting a case to this Court. It ought to have been presented upon exceptions to the evidence or to the charge of his Honor, specifying the errors complained of.

Under our statute, Rev. Code, c. 5, s. 1, if a father desert his family, and be absent for the term of one year, leaving them without sufficient support, his children may be bound out as apprentices.' There…

2Cited by2 opinions

  1. Bridgers v. . BridgersSupreme Court of North Carolina · 1873
  2. Williamson v. Look's Creek Canal Co.Supreme Court of North Carolina · 1878

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