Legal Opinion

Prevatt v. Harrelson.

Supreme Court of North Carolina

Decided March 24, 1903PublishedCited by 40 opinions

Action by James Prevatt against Jackson Harrelson and others, heard by Judge W. 8. O’B. Robinson and a jury, at -- Term, 1902, of the Superior Court of Columbus County. From a judgment for the plaintiff, the defendants appealed.

1Opinion of the CourtClark, C. J.

This was an action of ejectment At the close of the plaintiff’s evidence the defendant demurred and moved to non-snit plaintiff under the statute and excepted to the refusal of the motion. As the defendant subsequently introduced evidence this exception is waived by the terms of the statute. Ch. 594, Laws 1901.

At the close of all the evidence the defendant again demurred and moved to non-suit under Chapter 109, Laws 1897, as amended by above Chapter 594, Laws 1901, and excepted to the refusal. In Mobley v. Griffin, 104 N. C., at p. 115, it is laid down that the plaintiff must prove bis right…

2Cases cited14 opinions

  1. Shaffer v. GaynorSupreme Court of North Carolina · 1895
  2. Keener v. . GoodsonSupreme Court of North Carolina · 1883
  3. McLean v. . SmithSupreme Court of North Carolina · 1890
  4. State v. . AdamsSupreme Court of North Carolina · 1894
  5. Meekins v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1902

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3Cited by40 opinions

  1. Keen v. ParkerSupreme Court of North Carolina · 1940
  2. Hayes v. RicardSupreme Court of North Carolina · 1956
  3. Keen v. . ParkerSupreme Court of North Carolina · 1940
  4. Moore v. . MillerSupreme Court of North Carolina · 1920
  5. Locklear v. OxendineSupreme Court of North Carolina · 1951

35 more not listed; retrieve them via the Exa API.

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