Aycock Supply Co. v. Windley
Supreme Court of North Carolina
ActioN tried before Bond, Jat February Term, 1918, of Beaufobt, upon these issues: 1. Is the defendant W. S. Riddick indebted to plaintiff, and if so, in what amount? Answer: $252, with interest from November 1, 1910. 2. Is said defendant barred by statute of limitations, as alleged in tlie answer? Answer: No. Judgment was rendered, by consent, against the defendants Daniel M. and Melson Windley.
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ActioN tried before Bond, Jat February Term, 1918, of Beaufobt, upon these issues: 1. Is the defendant W. S. Riddick indebted to plaintiff, and if so, in what amount? Answer: $252, with interest from November 1, 1910. 2. Is said defendant barred by statute of limitations, as alleged in tlie answer? Answer: No. Judgment was rendered, by consent, against the defendants Daniel M. and Melson Windley. After verdict the judge made the following order: “The court, as a matter of law and not in the exercise of discretion, orders the verdict rendered in this case on the second issue set aside and that…
1Opinion of the Court
WALKER, J., dissenting; HOKE, J., concurring in dissenting opinion. 1. Is the defendant W. S. Riddick indebted to plaintiff, and if so, in what amount? Answer: $252, with interest from November 1, 1910.
2. Is said defendant barred by statute of limitations, as alleged in the answer? Answer: No.
Judgment was rendered, by consent, against the defendants Daniel M. and Melson Windley.
After verdict the judge made the following order:
"The court, as a matter of law and not in the exercise of discretion, orders the verdict rendered in this case on the second issue set aside and that case stand for…
2Cases cited3 opinions
- Fisher v. . PenderSupreme Court of North Carolina · 1860
- Day v. LaffertySupreme Court of Arkansas · 1842
- Fronebarger v. . HenrySupreme Court of North Carolina · 1859
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- Irvin v. . HarrisSupreme Court of North Carolina · 1922