First National Bank of Springfield v. Asheville Furniture & Lumber Co.
Supreme Court of North Carolina
Civil actioN, tried at August Term, 1895, of BüNoombe Superior Court, before Robinson, J., and a jury. The nature of the action and the facts pertaining thereto appear in the report of former appeal in same case, contained in 116 N. 0. Reports, 825, and in the opinion of Furches, J. There was a verdict for the plaintiff and defendant appealed.
1Opinion of the Court
Fueohes, J.:
This case was before us at February Term, 1895, on the appeal of the plaintiffs, at which time a new trial was awarded. 116 N. C., 825. A new trial has been had and the .case is again .before us on appeal of the intervenors.
Upon an'examination of the record in this appeal and the record of the former appeal, we find that the case presented now is substantially the same as that before us on the former appeal. The points of difference will be noted. But so far as it is the same, the former opinion must stand. If it was not correct, the proper course to have it reviewed was by…
2Cases cited4 opinions
- Blackburn v. St. Paul Fire & Marine InsuranceSupreme Court of North Carolina · 1895
- James Toms v. . Henry WarsonSupreme Court of North Carolina · 1872
- L. H. Blair & Co. v. PuryearSupreme Court of North Carolina · 1882
- Sims v. Goettle Bros.Supreme Court of North Carolina · 1880
3Cited by16 opinions
- Cotton Mills v. Weil.Supreme Court of North Carolina · 1901
- Michigan Sanitarium & Benevolent Ass'n v. NealSupreme Court of North Carolina · 1927
- Mitchell v. . TalleySupreme Court of North Carolina · 1921
- Temple v. . LabergeSupreme Court of North Carolina · 1922
- Sitterson v. . SpellerSupreme Court of North Carolina · 1925
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