Legal Opinion

Haywood v. . Daves

Supreme Court of North Carolina

Decided June 5, 1879PublishedCited by 9 opinions

PETITION to Rehear, filed by plaintiff and heard at June Term, 1879, of The Supreme Court. See same case, 80 N. C., 338. The error assigned is: Because by the decision and judgment the court held that in dividing the sum of money specified in the record as having been received by one Jackson, (agent of the parties,) the whole of the three sums of $248.20, $191.13, and $246.55, are to be charged against the five-ninths of said fund in the hands of said Jackson, belonging to…

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PETITION to Rehear, filed by plaintiff and heard at June Term, 1879, of The Supreme Court. See same case, 80 N. C., 338. The error assigned is: Because by the decision and judgment the court held that in dividing the sum of money specified in the record as having been received by one Jackson, (agent of the parties,) the whole of the three sums of $248.20, $191.13, and $246.55, are to be charged against the five-ninths of said fund in the hands of said Jackson, belonging to the plaintiff as executrix of Jane F. Haywood, and that no part of said three sums is to be charged against the…

1Opinion of the CourtSmith, C. J.

At the last term this case was fully and ably discussed by counsel representing the respective parties, and after careful consideration determined by the court. The same line of argument was then pursued as that now addressed to us, and to a great extent the same authorities cited and relied on. The additional references are cumulative to the same points. No overlooked aspect of the case has been brought to view upon the rehearing.

The frequency of the applications for a revision of the decisions of the court and the readiness of its counsellors who did not appear at the first hearing to…

2Cases cited3 opinions

  1. Watson v. . DoddSupreme Court of North Carolina · 1875
  2. Knight v. WeatherwaxNew York Court of Chancery · 1838
  3. Hicks, Exec'r. v. . Skinner and Wife .Supreme Court of North Carolina · 1875

3Cited by9 opinions

  1. Weathers v. BordersSupreme Court of North Carolina · 1899
  2. Lockhart v. . BellSupreme Court of North Carolina · 1884
  3. Weisel v. . CobbSupreme Court of North Carolina · 1898
  4. Fisher v. CID Copper Mining Co.Supreme Court of North Carolina · 1887
  5. Weathers v. . BordersSupreme Court of North Carolina · 1899

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