A. L. Webb & Sons v. Hicks

This is a petition by defendant to rehear a case heard at the September Term, 1898, of this Court, and reported in 123 N. 0., 244; and by the order of the Justice granting the petition, the rehearing is restricted to the statute of limitations.

The same case, or a case between the same parties, and for the recovery of the same claim, had been before this Court. at February Term, 1895, (116 N. C., 598). That appeal was brought to this Court by the plaintiff from a judgment dismissing the action; and, upon the hearing in this Court, the judgment of the court below dismissing the plaintiff’s…