Nicholson v. Commissioners of Dare County
Supreme Court of North Carolina
Petition to reliear the case between same parties, decided at February Term, 1896, and reported in 118 N. C. Reports, at page 30. The petition was as follows: “ The petition of Lovey Nicholson, the plaintiff in the above action, respectfully shows to the Court: “ 1. That, upon the hearing of the appeal in the said cause, the Court reversed the judgment of the superior court upon the ground that the will of C. W. Nicholson was not made a part of the record, and that it was…
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Petition to reliear the case between same parties, decided at February Term, 1896, and reported in 118 N. C. Reports, at page 30. The petition was as follows: “ The petition of Lovey Nicholson, the plaintiff in the above action, respectfully shows to the Court: “ 1. That, upon the hearing of the appeal in the said cause, the Court reversed the judgment of the superior court upon the ground that the will of C. W. Nicholson was not made a part of the record, and that it was not shown to the Court that there was a personal representative of said C. W. Nicholson. “ 2. That she assigns as error in…
1Opinion of the Court
Furohes, J.:
This case was here at the last term of the Court on the appeal of the defendant, and was decided and reported in 118 N. C., 30, and is now before the Court upon a petition to rehear.
The first ground of error set forth in the petition is that this Court reversed the court below for the reason that the “ will of C. W. Nicholson was not made a part of the record, and that it was not shown to the Court that there was a personal representative of said C. W. Nicholson.” This assignment of error is not true in fact, as will plainly appear upon reading the ease as reported supra. It is…
2Cases cited1 opinion
- Nicholson v. Commissioners of Dare CountySupreme Court of North Carolina · 1896
3Cited by3 opinions
- Nicholson v. Commissioners of Dare CountySupreme Court of North Carolina · 1897
- Hamer v. . McCallSupreme Court of North Carolina · 1897
- Nicholson v. Commissioners of Dare CountySupreme Court of North Carolina · 1898