Kelly v. . Fleming
Supreme Court of North Carolina
Civil ACTION, tried at February Term, 1893, of VaNce Superior Court, before Shvford, J., and a jury, upon appeal from Justice’s Court by E. L. Fleming, Jr., and Fanny Fleming, interpleading defendants.
Read the full summary
Civil ACTION, tried at February Term, 1893, of VaNce Superior Court, before Shvford, J., and a jury, upon appeal from Justice’s Court by E. L. Fleming, Jr., and Fanny Fleming, interpleading defendants. The plaintiff .sued to recover a debt against defendant E. L. Fleming, Sr., who was a non'-resident of the State, and caused an attachment to be levied on certain furniture, alleging the same to be the property of E. L. Fleming, Sr., and recovered judgment, from which E. L. Fleming, Sr., did not appeal. At the trial of the cause before a Justice of the Peace, E. L. Fleming, Jr., filed an…
1Opinion of the Court
MacRae, J.:
His Honor instructed the jury to respond to the first and second issues “ No,” and to this instruction and the finding of the jury in response thereto there was no exception. This eliminates from the case any question which might have arisen if a part of the property conveyed by the husband had been found to belong to the wife.
The first exception brings before us for construction the Act of 1891, cb. 91, entitled “An act regarding chattel mortgages.”
“Section 1. That whenever household or kitchen furniture is conveyed by chattel mortgage or otherwise as allowed by law in this State,…
2Cases cited7 opinions
- Hughes v. . HodgesSupreme Court of North Carolina · 1889
- A. T. Bruce & Co. v. StricklandSupreme Court of North Carolina · 1879
- W. M. Sutton v. . J. A. J. AskewSupreme Court of North Carolina · 1872
- McCanless v. . FlinchumSupreme Court of North Carolina · 1883
- Randall v. Richmond & Danville RailroadSupreme Court of North Carolina · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Harvey v. JohnsonSupreme Court of North Carolina · 1903
- Harvey v. . JohnsonSupreme Court of North Carolina · 1903
- Merritt v. KitchinSupreme Court of North Carolina · 1897
- State Savings Loan & Trust Co. v. SwimmerMissouri Court of Appeals · 1921
- Merrit v. . KitchenSupreme Court of North Carolina · 1897
2 more not listed; retrieve them via the Exa API.