McCurry v. . McCurry
Supreme Court of North Carolina
Civil Action for Slander tried at Spring Term, 1879, of Yancey Superior Court, before Graves, J. The complaint charged the defendant with saying to her son — McCurry: 1st. “Your mother (meaning the feme plaintiff) is a damned old rogue and has concealed for you from your cradle up/’ 2d. “ That your mother (meaning the feme plaintiff) is a rogue, she has stolen herself and has concealed for you from your cradle up.” The answer denied each allegation of the complaint.
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Civil Action for Slander tried at Spring Term, 1879, of Yancey Superior Court, before Graves, J. The complaint charged the defendant with saying to her son — McCurry: 1st. “Your mother (meaning the feme plaintiff) is a damned old rogue and has concealed for you from your cradle up/’ 2d. “ That your mother (meaning the feme plaintiff) is a rogue, she has stolen herself and has concealed for you from your cradle up.” The answer denied each allegation of the complaint. When the case was called for trial the plaintiff filed an affidavit for the continuance of the cause for the absence of his…
1Opinion of the CourtAsi-ie, J.
The first exception taken by the plaintiff was to the ruling of His Honor in regard to the continuance of the cause, but that was no ground for a new trial. It was a matter of discretion. All questions of practice and procedure as to amendments and continuances arising on a trial in the court below, are in the discretion of the presiding judge, and are not reviewable in this court, unless possibly when the. discretion is palpably abused, which is not the case here. Austin v. Clarke, 70 N. C., 458; State Lindsey, 78 N. C., 499; Armstrong v. Wright, 1 Hawks, 93.
The next exception was to the…
2Cases cited4 opinions
- State v. . LindseySupreme Court of North Carolina · 1878
- Austin v. . ClarkeSupreme Court of North Carolina · 1874
- Pegram v. . StoltzSupreme Court of North Carolina · 1872
- Stith v. . LookabillSupreme Court of North Carolina · 1874
3Cited by9 opinions
- State v. . SaulsSupreme Court of North Carolina · 1925
- Osborne v. . WilkesSupreme Court of North Carolina · 1891
- Fields v. . BynumSupreme Court of North Carolina · 1911
- Johnson v. . AllenSupreme Court of North Carolina · 1888
- Hamilton v. . NanceSupreme Court of North Carolina · 1912
4 more not listed; retrieve them via the Exa API.