Legal Opinion

Cline v. . Rudisill

Supreme Court of North Carolina

Decided May 15, 1900PublishedCited by 6 opinions

Civil ActioN for work and labor and materials furnished in building house for defendant, tried on appeal from Justice’s Court, before McNeill, Jat October Term, 1899, of LINCOLN Superior Oourt. Before judgment, the defendant tendered and deposited with the Justice $18.93, and accrued cost's, for the use of the plaintiffs, “in full tender of all indebtedness of defendant +o plaintiffs.”

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Civil ActioN for work and labor and materials furnished in building house for defendant, tried on appeal from Justice’s Court, before McNeill, Jat October Term, 1899, of LINCOLN Superior Oourt. Before judgment, the defendant tendered and deposited with the Justice $18.93, and accrued cost's, for the use of the plaintiffs, “in full tender of all indebtedness of defendant +o plaintiffs.” The Justice afterwards rendered judgment in favor of plaintiffs for $33.95 (of which $18.93, as stated, bad been paid into court). The defendant appealed to the Superior Court, and while the case was there…

1Opinion of the CourtFaircloth, C. J.

This action commenced before a Justice of the Peace on March 4, 1899, for work and labor and materials for building a dwelling-house. On March 13, 1899, the defendant tendered and deposited with the Justice of the Peace $18.93, and accrued costs, for the use of the plaintiffs “ini full tender qf all indebtedness of defendant to plaintiffs.” On March 14, the Justice rendered judgment in favor of the plaintiffs for $32.95 ($18.93 of which has been paid into court as above stated), against the defendant, who then and there appealed to the Superior Court.

On April 15 following, the plaintiff’s…

2Cases cited1 opinion

  1. Kerr v. . SandersSupreme Court of North Carolina · 1898

3Cited by6 opinions

  1. Davis Sulphur Ore Co. v. PowersSupreme Court of North Carolina · 1902
  2. Southwest National Bank v. JusticeSupreme Court of North Carolina · 1911
  3. Lawson v. Bank of BladenboroSupreme Court of North Carolina · 1932
  4. FCX, INC. v. Ocean Oil Co.Court of Appeals of North Carolina · 1980
  5. Fertilizer Co. v. . BrockSupreme Court of North Carolina · 1924

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