Mitchell v. . Corpening
Supreme Court of North Carolina
Issue of Devisavü vel non, in re. tbe Will of Lucinda L. Tuttle, tried before Coble, J., at Eall Term, 1898, of tbe Superior Court of Caldwell County.
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Issue of Devisavü vel non, in re. tbe Will of Lucinda L. Tuttle, tried before Coble, J., at Eall Term, 1898, of tbe Superior Court of Caldwell County. His Honor thus stated tbe issue to the jury: “Tbe issue submitted to tbe jury is: Us tbe writing offered, tbe Will of Lucinda L. Tuttle, deceased? If tbe jury find from tbe evidence that tbe writing offered was written in tbe lifetime of Lucinda L. Tuttle; that tbe said writing was signed by her; that it was subscribed in her presence by M. H. Tuttle and J. M. Grump as witnesses thereto, then the jury will answer the issue, 'Yes’ — unless the…
1Opinion of the CourtMontgomery, J.
The appellants were not represented here by counsel nor was there a brief filed in their behalf; in fact the case on their part seems to have been abandoned, and upon our reviewing it we feel safe in saying that in that respect, at least, their course was a wise one. The first exception was to what the appellants call the conduct of one of the counsel of the caveators on the trial. The offending lawyer during the trial, in open court, went to the water pitcher near the jury-box and quenched his own thirst with a glass of water j several jurors taking the contagion, gave him a sign that they…
2Cases cited2 opinions
- Norwood v. MarrowSupreme Court of North Carolina · 1839
- Down v. . CoatesSupreme Court of North Carolina · 1872
3Cited by7 opinions
- In Re Will of RossSupreme Court of North Carolina · 1921
- In Re Will of HargroveSupreme Court of North Carolina · 1934
- Lloyd v. . BowenSupreme Court of North Carolina · 1915
- In Re CreecySupreme Court of North Carolina · 1925
- In re Will of CreecySupreme Court of North Carolina · 1925
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