Barbee v. . Scoggins
Supreme Court of North Carolina
Civil action tried before Timberlake, 1. Is the plaintiff the owner and entitled to the possession of the property described in complaint? 2. AVhat damage, if any, is the defendant entitled to recover of the plaintiff? 3. In what sum, if any, is the defendant indebted to the plaintiff ? Plaintiff offered in evidence the following instrument in writing signed by defendant and wife : “This indenture, made and entered into this the 19th day of July, 1895, by and between R. 0.…
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Civil action tried before Timberlake, 1. Is the plaintiff the owner and entitled to the possession of the property described in complaint? 2. AVhat damage, if any, is the defendant entitled to recover of the plaintiff? 3. In what sum, if any, is the defendant indebted to the plaintiff ? Plaintiff offered in evidence the following instrument in writing signed by defendant and wife : “This indenture, made and entered into this the 19th day of July, 1895, by and between R. 0. Scoggins and L. E. Scoggins, his wife, of the County of Durham, party of the first part, and J. W. Barbee, of the said…
1Opinion of the Court
Clark, J.:
The appellee’s motion to dismiss for failure-to print part of “case on appeal” must be disallowed.' As the rule requires the “case on appeal” to be printed, when other matter is referred to and ordered to be made a part of the case on appeal, the Court will not take up time debating whether such “exhibit” is material or not, the order making it a part of the case being conclusive. Barnes v. Crawford, 119 N. C., 127; Fleming v. McPhail, at this term. Here a receipt which is embraced in the “case on appeal” merely recites that it is in accordance with terms embraced in the answer but…
2Cases cited11 opinions
- Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
- State v. . RileySupreme Court of North Carolina · 1893
- Capehart v. . DettrickSupreme Court of North Carolina · 1884
- J. N. Harshaw v. . Wm. F. McKessonSupreme Court of North Carolina · 1872
- McIver v. . SmithSupreme Court of North Carolina · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Ulrich v. Security Investment Co.Hawaii Supreme Court · 1939
- Cone v. Hyatt.Supreme Court of North Carolina · 1903
- Gore v. . DavisSupreme Court of North Carolina · 1899
- Eggeman v. Western National BankWyoming Supreme Court · 1979
- SHOENTERPRISE CORPORATION v. WillinghamSupreme Court of North Carolina · 1962
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