Bryan v. . Jeffreys
Supreme Court of North Carolina
Arbitration — Award—Depositions—Estoppel. This is a civil ACTION, which was tried before Bynum, J., at April Term, 1889, of GraNVille Superior Court.
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Arbitration — Award—Depositions—Estoppel. This is a civil ACTION, which was tried before Bynum, J., at April Term, 1889, of GraNVille Superior Court. On the 16th day of November, 1886, the plaintiff and R. M. Jeffreys, one of the defendants, entered into the following agreement: “Whereas, Matters have arisen between Mrs. B. J. Bryan .and R. M. Jeffreys, both of said county and State, touching the amounts and sums due between them on account of the rental of her Governor Bell place in said county, which said matters they are unable to settle and decide between themselves; and, whereas, each…
1Opinion of the Court
Shepherd, J.:
In the course of the trial the defendants offered in evidence the deposition of R. M. Jeffreys. It appeared that no notice was ever given to the plaintiff, and that the deposition had not been passed upon by the Clerk as provided in The Code, §1357. His Honor very properly refused to admit it, and the defendants’ exception in this respect must be overruled.
The defendants asked certain special instructions, which, being refused, are made the subject of three exceptions:
1. “That if the jury believe that the submission was to two, with leave to select a third only in case they…
2Cases cited2 opinions
- Osborne v. . CalvertSupreme Court of North Carolina · 1880
- Stevens v. . BrownSupreme Court of North Carolina · 1880
3Cited by4 opinions
- Patton v. . GarrettSupreme Court of North Carolina · 1895
- Patton v. GarrettSupreme Court of North Carolina · 1895
- Byrne v. UsrySupreme Court of Georgia · 1890
- Youngstein v. CromanSupreme Court of Rhode Island · 1925