Jenkins v. North Carolina Ore Dressing Co.
Supreme Court of North Carolina
Civil action for services rendered the defendant, and for work and labor done by the plaintiff’s intestate, tried before Cloud, J, at Spring Term, 1871, of Rowan Superior Court. The facts in this cause, and the exceptions to the rulings of liis Honor sufficiently appear in the opinion of the Court.
1Opinion of the CourtReadb, J.
I. It is objected by the defendant that the plaintiff did not prove that the defendant was a corporate body with power to contract.
It is alleged in the complaint, and not denied in the answer,, and therefore need not be proved, that the defendant is a corporation. C. C. P. sec. 127. It is in evidence that the defendant bad officers and was doing the corporate business of mining, and was making contracts and performing them, and that is j'prima facie, if not conclusive, upon the defendant, that it ¡had power to contract.
II. The plaintiff offered the testimony of one Mauney, that he had been…
2Cases cited1 opinion
- Devries Co. v. . Phillips HaywoodSupreme Court of North Carolina · 1868
3Cited by42 opinions
- State v. . BealSupreme Court of North Carolina · 1930
- State v. MillerSupreme Court of North Carolina · 1967
- State v. NoellSupreme Court of North Carolina · 1974
- Waldron v. WaldronSupreme Court of the United States · 1895
- Snyder v. StanfordOhio Supreme Court · 1968
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