Moore v. . Garner
Supreme Court of North Carolina
This is a civil action, which was tried before Merrimon, J., at April Terra, 1888, of GRANVILLE Superior Court. The plaintiff sued the defendant in the Court of a Justice of the Peace to recover certain moneys alleged to have been collected, by his intestate, upon a promissory note against J. S. & W. H. Joyner, and from the sale of a rockaway placed in his hands, the proceeds of which were to be applied to the discharge of two judgments against the plaintiff in favor of J.…
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This is a civil action, which was tried before Merrimon, J., at April Terra, 1888, of GRANVILLE Superior Court. The plaintiff sued the defendant in the Court of a Justice of the Peace to recover certain moneys alleged to have been collected, by his intestate, upon a promissory note against J. S. & W. H. Joyner, and from the sale of a rockaway placed in his hands, the proceeds of which were to be applied to the discharge of two judgments against the plaintiff in favor of J. S. Bailey, but assigned to the defendant’s intestate, docketed in the Superior Court of Franklin, which the intestate…
1Opinion of the Court
Smith, C. J.,
(after stating the case.) There seems to have been no separate issue as to the statutory bar, and as the only exception taken to the charge of the Judge is directed to his instructions on that part of the defence, we must understand it to have been allowed under the broad and comprehensive terms of the issue that was submitted and answered by the jury-
There can be no question of the correctness of the proposition which places on a plaintiff, when the lapse of time is relied on as a bar to the suit, the burden of showing that it was begun within the limits of the statute. The…
2Cases cited7 opinions
- Waddell v. . SwannSupreme Court of North Carolina · 1884
- Wiley v. . LoganSupreme Court of North Carolina · 1886
- Ruffin v. . HarrisonSupreme Court of North Carolina · 1879
- Patterson v. . LillySupreme Court of North Carolina · 1884
- Ruffin v. . HarrisonSupreme Court of North Carolina · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Stubbs v. . MotzSupreme Court of North Carolina · 1893
- Nunnery v. . AverittSupreme Court of North Carolina · 1892
- Parker v. . HardenSupreme Court of North Carolina · 1897
- State ex rel. White v. DickersonNevada Supreme Court · 1910
- House v. . ArnoldSupreme Court of North Carolina · 1898
3 more not listed; retrieve them via the Exa API.