Legal Opinion

Best v. Lancaster

Supreme Court of North Carolina

Decided May 22, 1900PublishedCited by 1 opinion

PbtitioN in tbe cause to set aside decree and report of commissioners for mistake and for re-division of land, transferred to civil issue docket, and bear’d before Moore, J., upon motions in tbe cause at May Term, 1899, of Wilson Superior Court. Tbe plaintiffs moved to remand to tbe clerk, motion disallowed. Plaintiffs excepted.

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PbtitioN in tbe cause to set aside decree and report of commissioners for mistake and for re-division of land, transferred to civil issue docket, and bear’d before Moore, J., upon motions in tbe cause at May Term, 1899, of Wilson Superior Court. Tbe plaintiffs moved to remand to tbe clerk, motion disallowed. Plaintiffs excepted. Plaintiffs moved for judgment for insufficient verification of answer, motion disallowed, being met by counter motion to amend tbe verification of answer on part of defendant. Plaintiffs excepted and appealed.

1Opinion of the Court

The plaintiffs moved to remand to the clerk, motion disallowed. Plaintiffs excepted. Plaintiffs moved for judgment for insufficient verification of answer. Motion disallowed, being met by counter-motion to amend the verification of answer on part of defendants.

Plaintiffs excepted and appealed. This was a proceeding to correct a mistake in a partition under The Code, sec. 1918, and was transferred by the clerk to the civil issue docket upon issues joined. In the Superior Court a motion by the plaintiff to remand to the clerk, without trial of the issue, (561) was denied. A motion for judgment…

2Cases cited5 opinions

  1. Phifer v. Travellers Insurance Co.Supreme Court of North Carolina · 1898
  2. Kruger v. Bank of CommerceSupreme Court of North Carolina · 1898
  3. Grant v. . ReeseSupreme Court of North Carolina · 1884
  4. Cole v. . BoydSupreme Court of North Carolina · 1899
  5. Cantwell v. Herring.Supreme Court of North Carolina · 1900

3Cited by1 opinion

  1. Cantwell v. Herring.Supreme Court of North Carolina · 1900

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