Gooch v. Peebles
Supreme Court of North Carolina
This was a civil ACTION, tried at the Spring Term, 1889, of Northampton Superior Court, before MacRae, J. The complaint alleges in substance— 1. That in 1873 Virginia A. Johnson died in Northampton County leaving a last will and testament, which was duly proved on the 3d day of March, 1873, and that Chatharine T. Johnson, the execútrix therein named, qualified as such. 2. That on the first day of April, 1876, said executrix was, by a decree of Court, removed, and J. J. Long,…
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This was a civil ACTION, tried at the Spring Term, 1889, of Northampton Superior Court, before MacRae, J. The complaint alleges in substance— 1. That in 1873 Virginia A. Johnson died in Northampton County leaving a last will and testament, which was duly proved on the 3d day of March, 1873, and that Chatharine T. Johnson, the execútrix therein named, qualified as such. 2. That on the first day of April, 1876, said executrix was, by a decree of Court, removed, and J. J. Long, the intestate of the plaintiff Gooch, was appointed administrator d. b. n, c. t. a. 3. That in September, 1876, said…
1Opinion of the CourtDavis, J.
after stating the facts: Several questions are presented in the record, but we think it only necessary to consider that presented by the refusal of his Honor to give the first prayer for instruction asked by the plaintiffs, and the exception to the charge as given in relation thereto, as these will be decisive of the case upon its merits.
Were the plaintiffs entitled to the first prayer for instruction, which was denied, and if so, was it sufficiently included in the charge as given?
An attorney is licensed by the State to practice law, and is thereby invested with certain rights and…
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