Long v. Hall
Supreme Court of North Carolina
This was a civil ACTION, tried before Boykin, Judge, at February Term, 1886 of the Superior Court of RICHMOND county, to recover the value of certain cotton mentioned in the complaint.
Read the full summary
This was a civil ACTION, tried before Boykin, Judge, at February Term, 1886 of the Superior Court of RICHMOND county, to recover the value of certain cotton mentioned in the complaint. The complaint, among other things, alleges in substance, that the plaintiff was the sheriff of Richmond county, and as such, had in his hands on the 31st day of August, 1881, four executions, amounting in the aggregate to $693.51, issued from the Superior Court of Robeson county to the ■sheriff of Richmond county, in pursuance of judgments in favor of Wisenfield & Co., against one J. D. lowers, obtained before…
1Opinion of the Court
Davis, J.,
(after stating the facts). We need not consider the alleged error, in the response of his Honor to the inquiry of the juror, nor the questions raised by his refusal to give the 3d and 6th instructions asked for, as we are of opinion that the defendants are entitled to a new trial for error-in the charge complained of, and for refusal to give the 5th prayer for instruction to the jury.
*293His Honor seems to have assumed that there was no evidence upon the question of levy and abandonment, except that contained in the testimony of the witness Morrison, whereas the witness Leach testifies…
2Cases cited2 opinions
- Jackson v. Commissioners of Greene CountySupreme Court of North Carolina · 1877
- Brem v. . AllisonSupreme Court of North Carolina · 1873
3Cited by9 opinions
- Gregg v. . Mallett.Supreme Court of North Carolina · 1892
- In Re PhippsSupreme Court of North Carolina · 1932
- State v. . MooreSupreme Court of North Carolina · 1926
- Farthing v. DarkSupreme Court of North Carolina · 1891
- Farthing v. . DarkSupreme Court of North Carolina · 1891
4 more not listed; retrieve them via the Exa API.