Lumber Co. v. . Hutton

CLARK, C. J., dissenting; BROWN, J., concurring in the dissenting opinion. Trespass to realty. There was verdict for defendant. Judgment on the verdict, and plaintiff excepted and appealed.

The facts are sufficiently stated in per curiam opinion. (446) On a former appeal in this cause, reported in 152 N.C. 544, the facts will sufficiently appear to indicate the purport of the present decision. It was chiefly urged for error in the present trial that the court below had made unwarranted departure from the rulings made in the former opinion, by which the cause should be tried, and more…