Flemming v. . Flemming
Supreme Court of North Carolina
Civil Action tried on appeal at Fall Term, 1880, of Wake Superior Court, before Graves, J. This action commenced before a justice of the peace on April 25, 1879, and carried by appeal to the superior court, is founded on contract to recover the value of work and labor alleged to have been rendered to Lemuel Mitchell, deceased, the intestate of defendant, in the year 1875, previous to his death.
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Civil Action tried on appeal at Fall Term, 1880, of Wake Superior Court, before Graves, J. This action commenced before a justice of the peace on April 25, 1879, and carried by appeal to the superior court, is founded on contract to recover the value of work and labor alleged to have been rendered to Lemuel Mitchell, deceased, the intestate of defendant, in the year 1875, previous to his death. The defence was a denial of the indebtedness and the plea of the statute of limitations. The evidence relied on to remove the bar of the statute was that of the plaintiff, who testified as follows: “…
1Opinion of the CourtSmith, C. J.
There are exceptions to portions of the testimony of the plaintiff, as incompetent under the provisó of section 348 of the Code, which we deem it unnecessary to consider, and confine ourselves to an examination of the rulings of the court in reference to the instructions given the jury.
It is quite plain under numerous adjudications, that what transpired between the parties is not such a recognition of a subsisting claim as-repels'the statute; and if it were, would be ineffectual unless - in writing, under section 51 of the Code. It is equally-well settled that the death of the debtor, after'…
2Cases cited3 opinions
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- Oates v. . LillySupreme Court of North Carolina · 1881
- May v. . DardenSupreme Court of North Carolina · 1880
3Cited by7 opinions
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- In Re Will of Efird v. SmithSupreme Court of North Carolina · 1928
- Mauney v. . HolmesSupreme Court of North Carolina · 1882
- Tucker v. . BakerSupreme Court of North Carolina · 1886
- Woodlief v. . BraggSupreme Court of North Carolina · 1891
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