Geer v. . Geer
Supreme Court of North Carolina
This was a civil action to recover land, tried before Mer-rimon, J, at Spring Term, 1891, of Rutherford Superior Court. The plaintiff offered in evidence what purported to be the original records in a suit, or proceeding, in the old court of equity held for the county of Rutherford at Spring Session, 1866, and continuing for some time thereafter, having been transferred to the present Superior Court, in case of the heirs at law of John Geer.
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This was a civil action to recover land, tried before Mer-rimon, J, at Spring Term, 1891, of Rutherford Superior Court. The plaintiff offered in evidence what purported to be the original records in a suit, or proceeding, in the old court of equity held for the county of Rutherford at Spring Session, 1866, and continuing for some time thereafter, having been transferred to the present Superior Court, in case of the heirs at law of John Geer. This evidence was objected to upon the ground that the record being that of the old court of equity, there should have been a transcript made for this…
1Opinion of the Court
SHEPHERD, J. :
1. We see no force in the first exception. It appears that the ‘‘suit or proceeding” in the old court of equity was transferred to the Superior Court, and it being constituted there, it would seem very clear that a transcript was unnecessary. Constitution of 1866, Art. 4, § 25; C. C. P. of 1868, §§ 400, 142; Stanly v. Massingill, 63 N. C., 558; Mason v. Miles, 63 N. C , 564; Commissioners v. Blackburn, 68 N. C., 406.
2. The objection that the “petition did not state facts sufficient to give the Court jurisdiction,” is equally untenable. It is true that the proceeding was ex…
2Cases cited4 opinions
- Murray, Ferris & Co. v. BlackledgeSupreme Court of North Carolina · 1874
- Taylor v. . EatmanSupreme Court of North Carolina · 1885
- Stanly v. . MassingillSupreme Court of North Carolina · 1869
- Board of Commissioners v. BlackburnSupreme Court of North Carolina · 1873
3Cited by16 opinions
- Clark v. . HomesSupreme Court of North Carolina · 1925
- Clark v. Carolina Homes, Inc.Supreme Court of North Carolina · 1925
- Arrington v. . ArringtonSupreme Court of North Carolina · 1894
- Westfelt v. Adams.Supreme Court of North Carolina · 1902
- Foster v. HackettSupreme Court of North Carolina · 1893
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