Humphrey v. Board of Trustees of Front Street Methodist Episcopal Church
Supreme Court of North Carolina
Ciiyil ACTION, tried at Spring Term, 1890, of New Hanover Superior Court, before Graves, J, for damages for removal of remains from a burial vault.
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Ciiyil ACTION, tried at Spring Term, 1890, of New Hanover Superior Court, before Graves, J, for damages for removal of remains from a burial vault. The plaintiff proposed these issues— 1. Did ancestors of plaintiffs purchase from the defendant corporation the vault described in the pleadings ? 2. Did the defendant corporation convey by deed-to the ancestors of plaintiffs the property described in the pleadings? 3. How long have the plaintiffs, and those under whom the plaintiffs claim, been in the possession of said vault and the land on which it was built, and used the'same as a place of…
1Opinion of the CourtClark, J.
after stating the case, proceeded : There is no just ground for the exception to the issues. It is settled by repeated decisions of this Court that, while the issues must arise upon the pleadings, the trial Judge may, in his discretion, submit either one or many, subject only to the restriction that sufficient facts shall be found to enable the Court to proceed to judgment, and that neither party shall be denied the opportunity to present any view of the law arising upon the evidence through the medium of pertinent instructions. McAdoo v. Railroad, 105 N. C., 140; Denmark v. Railroad, 107 N.…
2Cases cited8 opinions
- McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
- Denmark v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1890
- Kincaid's AppealSupreme Court of Pennsylvania · 1870
- Redmond v. . SteppSupreme Court of North Carolina · 1888
- High v. . BaileySupreme Court of North Carolina · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Odd Fellows' Cemetery Ass'n v. City & County of San FranciscoCalifornia Supreme Court · 1903
- Anderson v. AchesonSupreme Court of Iowa · 1907
- Laurel Hill Cemetery v. City & County of San FranciscoCalifornia Supreme Court · 1907
- Hunt v. EureSupreme Court of North Carolina · 1925
- Patterson v. . MillsSupreme Court of North Carolina · 1897
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