Branton v. . O'Briant
Supreme Court of North Carolina
Fads found by the Court — Depositions—Judge's Charge — Landlord and Tenant — Notice to quit. The action is to recover damages for an assault, alleged to have been committed on the plaintiff at her residence in Durham, and was tried before Shepherd, Judge, at Spring Term, 1885, of OraNG-e Superior Court.
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Fads found by the Court — Depositions—Judge's Charge — Landlord and Tenant — Notice to quit. The action is to recover damages for an assault, alleged to have been committed on the plaintiff at her residence in Durham, and was tried before Shepherd, Judge, at Spring Term, 1885, of OraNG-e Superior Court. The defendant denied the charge and averred that he, owning the house, had leased it to the plaintiff from month to month for the preceding ten months; that the tenancy had been put an end to by her failure for four months to pay the rent and his giving the notice required by law to surrender…
1Opinion of the Court
Smith, C. J.,
(after stating the case). The application for a new trial upon any of the grounds assigned, was properly denied :
1. The exception to the admission of the deposition is untenable, since the finding of the facts by the Court, in cases where the Judge is authorized by law or consent of parties to pass upon them, is as conclusive as when found by a jury upon issues submitted to them, if there be evidence; when there is none, it is alike an error in law, in either to find them, open to correction. So it has been repeatedly ruled in past adjudications, referred to by appellee’s counsel.
2Cases cited11 opinions
- State v. . EflerSupreme Court of North Carolina · 1881
- Flynt v. . BodenhamerSupreme Court of North Carolina · 1879
- Burke v. . TurnerSupreme Court of North Carolina · 1881
- State v. . SandersSupreme Court of North Carolina · 1881
- State v. . BurgwynSupreme Court of North Carolina · 1882
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
- Town of Burnsville v. BooneSupreme Court of North Carolina · 1950
- Stokes v. . CogdellSupreme Court of North Carolina · 1910
- Gehl v. Milwaukee Produce Co.Wisconsin Supreme Court · 1903
- Peoples Bank & Trust Co. v. Tar River Lumber Co.Supreme Court of North Carolina · 1942
9 more not listed; retrieve them via the Exa API.