Smith v. Smith
Supreme Court of North Carolina
This was a civil action, tried before Boyhin, J., at October Term, 1890, Wake Superior Court. The action was brought in the name of Larkin Smith, by his next friends, A. L. Ferrell and others, appointed by the Court. The purpose of the action was to set aside a prior power of attorney executed by Larkin Smith (o the defendant Charles IT. Smith, by reason of mental incapacity, and to have a receiver appointed for his estate.
Read the full summary
This was a civil action, tried before Boyhin, J., at October Term, 1890, Wake Superior Court. The action was brought in the name of Larkin Smith, by his next friends, A. L. Ferrell and others, appointed by the Court. The purpose of the action was to set aside a prior power of attorney executed by Larkin Smith (o the defendant Charles IT. Smith, by reason of mental incapacity, and to have a receiver appointed for his estate. After the service of the summons on Charles H. Smith, to-wit, on February 26th, 1889, Larkin Smith executed a power of attorney to Messrs. Fuller & Snow and Batchelor &…
1Opinion of the Court
Clark, J.:
The exceptions to the charge were taken in time when set out in appellants’ statement of case on appeal *368(Lowe v. Elliott, 107 N. C., 718), though it is better practice and fairer both to appellee and appellant, to make such exceptions on a motion for a new trial, since if a slip has been made the .Judge may perhaps correct it and save parties the costs and delay of an appeal. McKinnon v. Morrison, 104 N. C., 354.
We find no error in the charge in the particulars excepted to. There are many precedents to support it. It is true that, ordinarily, if insanity is found to exist, it is…
2Cases cited9 opinions
- McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
- Thornton v. . BradySupreme Court of North Carolina · 1888
- Lowe v. . ElliottSupreme Court of North Carolina · 1890
- State v. . VannSupreme Court of North Carolina · 1880
- Tate v. . MottSupreme Court of North Carolina · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- National Bank of Asheville v. SumnerSupreme Court of North Carolina · 1896
- State v. . McKinneySupreme Court of North Carolina · 1892
- Hockoday v. . LawrenceSupreme Court of North Carolina · 1911
- Raleigh Banking & Trust Co. v. Safety Transit LinesSupreme Court of North Carolina · 1931
- Stark v. Ford Motor Co.Court of Appeals of North Carolina · 2013
2 more not listed; retrieve them via the Exa API.