Smith v. . Kron
Supreme Court of North Carolina
Civil actioN, tried before Avery, Judge, and a jury, at May 'Term, 1886, of Ukion Superior Court. This action, begun on March 6th, 1879, by the plaintiff Melissa Smith, as administratrix of Jane P. Rotjr, and with leave of the Court, prosecuted informa pauperis, is prosecuted for the recovery of damages for trespasses committed by the defendants, F. J. Kron, Adelaide Kron and Elizabeth Kron, in the life-time of the intestate, upon a tract of land whereof it is alleged that…
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Civil actioN, tried before Avery, Judge, and a jury, at May 'Term, 1886, of Ukion Superior Court. This action, begun on March 6th, 1879, by the plaintiff Melissa Smith, as administratrix of Jane P. Rotjr, and with leave of the Court, prosecuted informa pauperis, is prosecuted for the recovery of damages for trespasses committed by the defendants, F. J. Kron, Adelaide Kron and Elizabeth Kron, in the life-time of the intestate, upon a tract of land whereof it is alleged that she, as a tenant in common, was the owner of one fourth part, in mining gold thereon and converting it to their own use.…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). The ruling disposes •of the exception first taken to the refusal of the Court to permit proofs of the declarations of the deceased, “that he was holding and leasing the land by the authority of and as agent of the defendants,” and equally incompetent "was the case made out in the appeal in the case of Doe on the demise of Adelaide and Elizabeth Kron (the present defendants) v. Benjamin Cagle, reported in 1 Winston, 118.
The ruling of the Court upon the insufficiency of the evidence to show a prima facie agency, so as to let in proof of the acts and…
2Cases cited9 opinions
- State v. . EflerSupreme Court of North Carolina · 1881
- State v. . JacksonSupreme Court of North Carolina · 1880
- State v. . VannSupreme Court of North Carolina · 1880
- State v. . SecrestSupreme Court of North Carolina · 1879
- State v. . EdwardsSupreme Court of North Carolina · 1878
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3Cited by14 opinions
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- Cole v. . WagnerSupreme Court of North Carolina · 1929
- Geer v. Durham Water Co.Supreme Court of North Carolina · 1900
- Artesani Ex Rel. Artesani v. GrittonSupreme Court of North Carolina · 1960
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