Valentine v. Britton.
Supreme Court of North Carolina
Civil ActioN by E. H. Valentine and W. E. White, administrators of D. A. Valentine, deceased, against .D. W. Britton, administrator of Josiah Mizell, deceased, heard by ■J edge II. B. Starbuclc, at Eebruary Term, 1900, of Beetle Superior Court. It was agreed that a jury trial be waiyed and that the Judge render judgment upon inspection of the record introduced in evidence, to-wit, the judgment docket ■and the cross-index to judgments, pleadings, etc.
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Civil ActioN by E. H. Valentine and W. E. White, administrators of D. A. Valentine, deceased, against .D. W. Britton, administrator of Josiah Mizell, deceased, heard by ■J edge II. B. Starbuclc, at Eebruary Term, 1900, of Beetle Superior Court. It was agreed that a jury trial be waiyed and that the Judge render judgment upon inspection of the record introduced in evidence, to-wit, the judgment docket ■and the cross-index to judgments, pleadings, etc. Erom judgment for plaintiffs, the defendant appealed.
1Opinion of the CourtClare, J.
Ruffin N. White, on the 25th day of May, 1886, obtained a judgment in Bertie Superior Court against T. W. Brown, John Wilson, and Josiah Mizell, and on the same day, and in the same Court, he obtained another judgment against C. J. Morris and Josiah Mizell. Both these judgments were docketed in the above order in Book B, p. 163, and indexed. On the cross-index, however, the only entry containing Mizell’s name is one entry, “J. Mizell et als., defendants. R. M. White, plaintiff. Jndg. Docket Book B, p. 163.” Subsequently the plaintiffs, administrators of Valentine, obtained a judgment against…
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