W. H. Wolf & Co. v. Arthur
Supreme Court of North Carolina
MotioN to vacate an order of arrest, heard, upon the submission of an issue of fraud to the jury, at Fall Term, 1892, of Swain Superior Court, before Bynum, J. The following issue "was prepared by the Court and submitted to the jury, to-wit: “Did the defendant, J. AY.
Read the full summary
MotioN to vacate an order of arrest, heard, upon the submission of an issue of fraud to the jury, at Fall Term, 1892, of Swain Superior Court, before Bynum, J. The following issue "was prepared by the Court and submitted to the jury, to-wit: “Did the defendant, J. AY. L. Arthur, dispose of his property to Collins and Allison with an intent to defraud his creditors?” Counsel for defendant Arthur proposed to ask the witness Collins “ whether the trade between witness and Arthur was a bona fide transaction,” to which question the plaintiffs objected — (1) because it was asking the witness to…
1Opinion of the CourtAveky, J.
(after stating the facts): No question is competent which puts the witness, in giving an answer to it, in the place of the j ury and substitutes his opinion for theirs, or offers his opinion for their adoption upon a matter involved in the issues or upon some question of fact to be passed upon by them preliminary to a finding upon an issue. Best on Ev., sec. 512. The inquiry to which the attention of the jury was being directed was whether a deed was executed in good faith by Arthur, the defendant, to the witness and one Allison, or with intent to hinder, delay or defraud his creditors. As to…
2Cases cited2 opinions
- Beasley v. . BraySupreme Court of North Carolina · 1887
- Barber v. . BuffaloeSupreme Court of North Carolina · 1892
3Cited by11 opinions
- Marks v. Cotton Mills.Supreme Court of North Carolina · 1904
- Ballard v. BallardSupreme Court of North Carolina · 1949
- Tillett v. Norfolk & Western R. R.Supreme Court of North Carolina · 1896
- Lipe v. Guilford National BankSupreme Court of North Carolina · 1952
- Stanley v. . Lumber CoSupreme Court of North Carolina · 1922
6 more not listed; retrieve them via the Exa API.