Gates v. . Max
Supreme Court of North Carolina
Civil ActioN instituted in Justice’s Court of Dubham; County, for recovery of $60 rent of store for 1897, and heard on appeal before Bryan, J., at January Term, 1899. At the close of plaintiff’s evidence, the defendant demurred thereto, under the Act of 1897, cbap. 109. His Honor sustained the demurrer, and rendered judgment as of nonsuit, against the plaintiff, who excepted, and appealed to the Supreme Court. The evidence and points raised are stated in the opinion.
1Opinion of the CourtDouglas, J.
This was an action brought before a Justice of the Peace to recover rent, appealed to the Superior Court, and thence to this Court. In the court below, at the conclusion of the plaintiff’s testimony, the defendant demurred to the evidence, under chap. 109 of the Laws of 1897. The Court being of opinion that there was not sufficient evidence to go to the jury, sustained the demurrer, and dismissed the action.
While not necessary in the consideration of this case, it may be noted that the Legislature has amended the Act of 1897, by chap. 131 of the Laws 1899, to meet the suggestions of this…
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