Legal Opinion

Boyd v. . Hawkins

Supreme Court of North Carolina

Decided December 5, 1833PublishedCited by 7 opinions

After the decree pronounced in this case at last December term, (vide ante p. 195) the defendant filed a petition for a rehearing.

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After the decree pronounced in this case at last December term, (vide ante p. 195) the defendant filed a petition for a rehearing. The matters complained of, and which were sought to be corrected, were : 1st. That by the former decree the agreement of the 13th of September 1824 was declared to be wholly void as a measure of compensation to the defendant Hawkins, for services rendered the, plaintiff- The defendant averred that the agreement was fair, the result of deliberation on the part of the plaintiff, and further, that the property to which it applied was situated in Virginia, where the…

1Opinion of the Court

ítuiTlN. Chief Justice.

The importance of this suit to the parties, and the nature of some of the questions discussed in it, which were novel among us, make it gratifying to the Court that they have been brought up for a reconsideration by a petition to rehear the decree. It is especially so, as upon further reflection it is found that some general propositions were stated in the opinion given, that are not entirely correct; and that on other points further information, than was then laid before the Court, was necessary to doing exact justice between the parties.

Upon the principal question…

2Cases cited1 opinion

  1. Diggs v. WolcottSupreme Court of the United States · 1807

3Cited by7 opinions

  1. Childress v. Johnson Motor Lines, Inc.Supreme Court of North Carolina · 1952
  2. Freick v. HinklySupreme Court of Minnesota · 1913
  3. Pringle v. Winston-Salem Building & Loan Ass'nSupreme Court of North Carolina · 1921
  4. Cannon v. . McCapeSupreme Court of North Carolina · 1894
  5. Banking Co. v. . LeachSupreme Court of North Carolina · 1915

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