National Bank of Greensboro v. Gilmer
Supreme Court of North Carolina
PetitioN by defendants to rehear the same case, reported in 116 N. C., 684. The petition was as follows: “1st. That the above-entitled cause was regularly heard at the February Term, 1895, of the Supreme Court of North Carolina, upon the call of the 9th Judicial District, and an opinion rendered by his Honor, Avery, Justice, said cause having been taken by appeal from the November Term, 1894, of Forsyth Superior Court.
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PetitioN by defendants to rehear the same case, reported in 116 N. C., 684. The petition was as follows: “1st. That the above-entitled cause was regularly heard at the February Term, 1895, of the Supreme Court of North Carolina, upon the call of the 9th Judicial District, and an opinion rendered by his Honor, Avery, Justice, said cause having been taken by appeal from the November Term, 1894, of Forsyth Superior Court. Your petitioners now make, as part of this petition, the record of said cause, as appears in the Supreme Court aforesaid. And now ask and pray for a rehearing of said cause,…
1Opinion of the Court
Furches, J.:
This case is regarded as one of importance to the parties and to the public, and as two gentlemen of recognized learning, practicing in this court, have certified that they have examined the opinion delivered at the last term and published in 116 N. C., 684, and the authorities there cited, and that they are of the opinion that there are manifest errors in this opinion, and, • a rehearing having been ordered, it becomes our duty to give the case a careful reconsideration.
The petition points out two questions involved in the case, and decided by this Court, as erroneous and the…
2Cases cited4 opinions
- National Bank of Greensboro v. GilmerSupreme Court of North Carolina · 1895
- Thrall v. ThrallWisconsin Supreme Court · 1884
- Turnipseed v. SchaeferSupreme Court of Georgia · 1886
- Terry v. ButlerNew York Supreme Court · 1864
3Cited by10 opinions
- Wilson v. Crab Orchard Development CompanySupreme Court of North Carolina · 1970
- Odom v. . ClarkSupreme Court of North Carolina · 1908
- Powell Bros. v. McMullan Lumber Co.Supreme Court of North Carolina · 1910
- Cowan v. DaleSupreme Court of North Carolina · 1925
- Brown & Co. v. NimocksSupreme Court of North Carolina · 1899
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