Osborne v. . Wilkes
Supreme Court of North Carolina
Civil ACTION, brought by the receiver appointed in a supplementary proceeding, under the order of the Court to have the feme defendant declared a trustee as to some property, and to recover specifically other property, which it was alleged had been purchased with the funds of or on the credit of the male defendant, her husband, and tried at September Term, 1889, of Mecklenburg Superior Court, before Clark, J. In the year 1869 The Rock Island Manufacturing Company became…
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Civil ACTION, brought by the receiver appointed in a supplementary proceeding, under the order of the Court to have the feme defendant declared a trustee as to some property, and to recover specifically other property, which it was alleged had been purchased with the funds of or on the credit of the male defendant, her husband, and tried at September Term, 1889, of Mecklenburg Superior Court, before Clark, J. In the year 1869 The Rock Island Manufacturing Company became indebted to Coates Brothers in the sum of $24,-806.78, for which said company gave several notes, with the defendant John…
1Opinion of the Court
Avery, J.:
When the plaintiff rested upon the supposition that the testimony offered by him was sufficient to be submitted to the jury as prima facie evidence of his right to recover, the Judge asked counsel in presence of jury, in effect, whether they did not think that the defendant might safely demur, and required both parties to give him the benefit of their views upon the question of law thus propounded ? Wittkowsky v. Wasson, 71 N. C., 451; State v. Brown, 100 N. C., 519. After hearing the argument, the Court directed the defendants to proceed, and told the jury then, as they were…
2Cases cited29 opinions
- State of NY v. Unique IdeasNew York Court of Appeals · 1978
- Wittkowsky v. WassonSupreme Court of North Carolina · 1874
- Knapp v. . SmithNew York Court of Appeals · 1863
- Harding v. . LongSupreme Court of North Carolina · 1889
- Burns v. . McGregorSupreme Court of North Carolina · 1884
24 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Kanoy v. HinshawSupreme Court of North Carolina · 1968
- State v. PietrantonWest Virginia Supreme Court · 1954
- In Re Will of HallSupreme Court of North Carolina · 1960
- Brasie v. Minneapolis Brewing Co.Supreme Court of Minnesota · 1902
- Walker v. . LongSupreme Court of North Carolina · 1891
29 more not listed; retrieve them via the Exa API.