Legal Opinion

Roberts v. . Roberts

Supreme Court of North Carolina

Decided May 24, 1898PublishedCited by 1 opinion

Civil action tried before Norwood, J., and a jury at Eall Term, 1897, of Oheroicee Superior Court. The facts are stated in the opinion. Prom a judgment for plaintiff, the defendant appealed.

1Opinion of the Court

Fairoloth, 0. J.:

The plaintiff sues on two notes with one credit on each. The defendant averred that he had made other payments in goods, work, etc., which are not credited on the notes. Each party introduced evidence on said averred payments, and the Court submitted the following and only issue: “Is the defendant, W. R. Roberts, indebted to the plaintiff, and if so, in what amount?” Answer. “The face of the notes, with interest, less the credits.”

The only exception by the defendant is to the judgment, he contending that the verdict was too indefinite to warrant any judgment. What then does…

2Cases cited1 opinion

  1. Morrison v. . WatsonSupreme Court of North Carolina · 1886

3Cited by1 opinion

  1. Jackson v. Security InsuranceSupreme Court of Georgia · 1933

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