Legal Opinion

Hicks v. Kenan.

Supreme Court of North Carolina

Decided October 17, 1905Published

MOTION TO AFFIRM. Per Guriam: Plaintiff moved in' tbis court to affirm the judgment upon the ground that defendant had not stated her exceptions nor assigned errors, as directed by Rulé 27, of this court. The Code, section 550, required, and it is the law now, that the-appellant in his case on'appeal should “state separately, in articles numbered, the errors alleged.” Rule 27 is to the same effect.

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MOTION TO AFFIRM. Per Guriam: Plaintiff moved in' tbis court to affirm the judgment upon the ground that defendant had not stated her exceptions nor assigned errors, as directed by Rulé 27, of this court. The Code, section 550, required, and it is the law now, that the-appellant in his case on'appeal should “state separately, in articles numbered, the errors alleged.” Rule 27 is to the same effect. Clark’s Code, p. 920. It provides that “every appellant shall set out, in the statement of the case served on appeal, his exceptions to the pleadings, rulings and judgment of the court, briefly and…

1Opinion

Plaintiff sued defendant to recover $136.25 and interest, a part of the proceeds of the collection of an account due by W. W. Blair to R. W. Hicks, and assigned by the latter to H. C. McQueen, W. R. Kenan and C. A. Healy, that being the amount received by the said Kenan. Plaintiff introduced in evidence the following paper:

EXHIBIT "A." (340)

"WILMINGTON, N.C. 23 November, 1901.

Messrs. H. C. McQueen, W. R. Kenan and C. A. Healy:

I hereby transfer the account, $595, owing me by W. W. Blair, same to be divided between yourselves, as interests may appear.

R. W. HICKS.

Above amount is correct and…

2Cases cited15 opinions

  1. Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
  2. Whitney v. WymanSupreme Court of the United States · 1880
  3. Christman v. . HilliardSupreme Court of North Carolina · 1914
  4. West v. RailroadSupreme Court of North Carolina · 1906
  5. Basnight v. Southern Jobbing Co.Supreme Court of North Carolina · 1908

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