Duvall v. . Rollins
Supreme Court of North Carolina
PetitioN to rebear the decision in the same case, made at the January Term, 1873, of this Court, and reported in 68 N. 0. Rep., 220. The grounds upon which the rehearing is asked, and the facts pertinent thereto, are stated in the opinion of Justice Bynum, and the former report of the case above alluded to.
1Opinion of the CourtBynum, J.
This case was decided at the January Term, 1873, and is reported in 68 N. C. Rep., 220. It is before the Court again for a re-hearing, upon a petition filed for that purpose.
It is alleged by the plaintiff that in the former decision the Court assumed that the record presented a “ case agreed,” when in fact it was a “ case stated,” under the Code, sec. 301. Without deciding whether it is a case agreed or a case stated, and without attempting to draw a line of distinction between the two, it is sufficient to say that, whether it be the one or the other, whenever the record presents clearly and…
2Cases cited2 opinions
- Crummen v. . BennetSupreme Court of North Carolina · 1873
- Duvall v. . RollinsSupreme Court of North Carolina · 1873
3Cited by20 opinions
- Kennedy v. First National BankSupreme Court of Alabama · 1894
- Thurber. Whyland & Co. v. LaRoqueSupreme Court of North Carolina · 1890
- Stanley v. SnyderSupreme Court of Arkansas · 1884
- Arnold v. . EstisSupreme Court of North Carolina · 1885
- Curlee v. . ThomasSupreme Court of North Carolina · 1876
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