Legal Opinion

Weeks v. McPhail.

Supreme Court of North Carolina

Decided October 1, 1901PublishedCited by 13 opinions

PetitioN for rehearing in tbis ease overruled. For former opinion, see 128 N. 0., 130.

1Opinion of the Court

Fubches, G. J.

Tbis is a petition to rebear tbis case, decided at tbe last term of tbe Court, and reported in 128 N. C., 130. There are five grounds assigned in tbe petition in wbicb error is alleged in tbe opinion of tbe Court- when tbis case was here before. And while tbe argument before'us was principally upon tbe first assignment, none of them were abandoned, and it will be necessary that we shall examine and pass upon all of them.

Tbe first assignment is as follows: “That tbe decree of 1854, dismissing tbe petition, was in substance a nonsuit,” and cites Strauss v. Beardsley, 79 N. C., 59.…

2Cases cited7 opinions

  1. Homer v. BrownSupreme Court of the United States · 1854
  2. Straus, Hartman, Hofflin & Co. v. BeardsleySupreme Court of North Carolina · 1878
  3. Weeks v. McPhail.Supreme Court of North Carolina · 1901
  4. Baugert v. . BladesSupreme Court of North Carolina · 1895
  5. Wilkins v. . SuttlesSupreme Court of North Carolina · 1894

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3Cited by13 opinions

  1. Virginia Electric & Power Co. v. TillettCourt of Appeals of North Carolina · 1986
  2. Coltrane v. . LaughlinSupreme Court of North Carolina · 1911
  3. Trust Co. v. . WatkinsSupreme Court of North Carolina · 1939
  4. Lumbermen's Mutual Casualty Co. v. BissellMichigan Supreme Court · 1922
  5. Grimes v. . AndrewsSupreme Court of North Carolina · 1915

8 more not listed; retrieve them via the Exa API.

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