Gurley v. . Woodbury
Supreme Court of North Carolina
Appeal by defendant from Lane, J., at tbe April Term, 1918, of Cherokee. This is an action to recover money. Tbe matters in controversy were referred by tbe court against tbe will of tbe defendant, and bis exception thereto was duly noted, but tbe following facts do not seem to be in controversy: On tbe first day of June, 1914, tbe Bank of Dablonega, Georgia, beld a note of tbat date payable to said bank four months after date, with interest at 8 per cent after maturity,…
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Appeal by defendant from Lane, J., at tbe April Term, 1918, of Cherokee. This is an action to recover money. Tbe matters in controversy were referred by tbe court against tbe will of tbe defendant, and bis exception thereto was duly noted, but tbe following facts do not seem to be in controversy: On tbe first day of June, 1914, tbe Bank of Dablonega, Georgia, beld a note of tbat date payable to said bank four months after date, with interest at 8 per cent after maturity, which rate of interest was permissible by tbe laws of Georgia, signed as maker by tbe defendant 'Wood-bury and endorsed by…
1Opinion of the CourtAlleN, J.
Tbe learned counsel for tbe defendant has been diligent to preserve bis right to a trial by jury, and we would be inclined to reward bis efforts in tbat behalf if the facts, about which there is no controversy, were not determinative of tbe rights of tbe parties.
It appears, however, tbat tbe counterclaim of tbe defendant is based on substantially tbe s.ame facts alleged in bis complaint in tbe action brought in Buncombe County, and is within tbe scope and terms of tbe compromise and settlement of 21 April, 1916, and, therefore, cannot again be inquired into in tbe absence of an allegation of…
2Cases cited5 opinions
- Kennedy v. GibsonSupreme Court of the United States · 1869
- Casey v. GalliSupreme Court of the United States · 1877
- People Ex Rel. Knickerbocker Fire Insurance v. ColemanNew York Court of Appeals · 1887
- Cabble v. CabbleAppellate Division of the Supreme Court of the State of New York · 1906
- Aldrich v. YatesU.S. Circuit Court for the District of Kentucky · 1899
3Cited by8 opinions
- Aron v. GillmanNew York Court of Appeals · 1955
- In Re Will of RichterSupreme Court of Iowa · 1931
- Hollister v. FiedlerNew Jersey Superior Court Appellate Division · 1952
- Piedmont Publishing Co. v. RogersCalifornia Court of Appeal · 1961
- Fort Worth National Bank v. HarrellCourt of Appeals of Texas · 1976
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