Grogan v. . Ashe
Supreme Court of North Carolina
Appeal from Whedbee, J., at April Term, 1911, of Wake. This action is brought to recover two legacies, one for^ $3,333.33 and one for $1,000, devised by defendant’s testatrix to plaintiffs.
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Appeal from Whedbee, J., at April Term, 1911, of Wake. This action is brought to recover two legacies, one for^ $3,333.33 and one for $1,000, devised by defendant’s testatrix to plaintiffs. At the conclusion of the testimony it was agreed by the parties that bis Honor, acting for and instead of the jury, should answer the issues made by the pleadings, and that his answers should have the force and effect as if they were answered by the jury, and no more, and should be subject to like objection, etc. His Honor, after hearing the evidence, rendered his judgment, to which both parties excepted…
1Opinion of the Court
This action is brought to recover two legacies, one for $3,333.33 and one for $1,000, devised by defendant's testatrix to plaintiffs.
At the conclusion of the testimony it was agreed by the parties that his Honor, acting for and instead of the jury, should answer the issues made by the pleadings, and that his answers should have the force and effect as if they were answered by the jury, and no more, and should be subject to like objection, etc. His Honor, after hearing the evidence, rendered his judgment, to which both parties excepted and appealed.
This is the defendant's appeal. It is…
2Cited by10 opinions
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- Elwyn v. De GarmendiaCourt of Appeals of Maryland · 1925
- Lake v. HarringtonMississippi Supreme Court · 1950
- Green v. GreenSupreme Court of North Carolina · 1950
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