Doe Ex Dem. Williams v. Council
Supreme Court of North Carolina
This was an action of ejectment commenced before the .adoption of the Code of Civil Procedure, submitted to His Honor, Buxton, J., at the Spring Term, 1870, of Moore .Superior Court, upon a ease agreed. The fact upon which the case was considered in the Supreme Court will be found to be sufficiently stated in the opinion filed. In the Court below the Judge decided in favor of the lessor of the plaintiff. And the defendant appealed.
1Opinion of the CourtRodman, J.
It is impossible to give any judgment in this case, except on a mere conjecture between the accuracy of inconsistent statements, each of which by itself would be conclusive.
The whole dispute seems to turn upon the date of the commencement of the present action. Two writings, professing to be records in the present action, are certified to this Court; both contain the declaration of the plaintiff; the plea of the defendant; the case agreed, and the opinion of the Judge below. In one, the date of the issuing of the declaration is stated to be 29th December, 1857. In the other, the 14th January,…
2Cited by4 opinions
- McBryde v. . PattersonSupreme Court of North Carolina · 1875
- McDaniel v. . PollockSupreme Court of North Carolina · 1882
- Chasteen v. . MartinSupreme Court of North Carolina · 1881
- Chasteen v. MartinSupreme Court of North Carolina · 1881