A. L. Webb & Sons v. Hicks
Supreme Court of North Carolina
Civil ACTION upon a money demand tried by Allen, J., (a jury trial being waived) at March Term, 1898, of CUMBERLAND Superior Court.
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Civil ACTION upon a money demand tried by Allen, J., (a jury trial being waived) at March Term, 1898, of CUMBERLAND Superior Court. An action between the same parties and in regard to the same subject matter had heretofore been instituted in Superior Court of Cumberland and had been dismissed on the ground that the complaint did not state a cause of action and, on appeal, this Court affirmed the judgment, 116 N. C., 698 — and the cause was finally dismissed as upon demurrer ore tenus by the Superior Court at May Term, 1895, and the present action was instituted April 30, 1896, in which the…
1Opinion of the Court
Faircloth, O. J.:
An action between the same parties, touching the same subject matter, was before this Court and is reported in 116 N. C., 598, in which the facts were set out fully. On the trial of that action the Superior Court dismissed it and on appeal this Court as upon demurrer ore tenus, held that there was no error, on the ground that no cause of action was stated, and on the certificate of this Court the action was dismissed below. The present action was begun within the time allowed by the Statute. Jury trial was waived and it was agreed by both parties that the court find as facts…
2Cases cited3 opinions
- Jones v. . CallSupreme Court of North Carolina · 1885
- Tayloe v. BushSupreme Court of Alabama · 1883
- A. L. Webb & Sons v. HicksSupreme Court of North Carolina · 1895
3Cited by9 opinions
- Rowland Ex Rel. Messer v. BeauchampSupreme Court of North Carolina · 1960
- Boudreaux v. Tucson Gas, Electric Light & Power Co.Arizona Supreme Court · 1911
- Hodges v. Home Ins. Co. of New YorkSupreme Court of North Carolina · 1951
- A. L. Webb & Sons v. HicksSupreme Court of North Carolina · 1899
- Burroughs Adding MacHine Co. v. L. G. Morrow & Co.Supreme Court of North Carolina · 1917
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