Creed v. . Marshall
Supreme Court of North Carolina
Appeal by defendant Marshall from Lyon, J., as of the August Term of Surry, from judgment rendered in Winston, 11 September, 1911. This cause was originally tried at August Term, 1909, of the Superior Court of Surry County, before Jones,, J., upon issues submitted to and answered by a jury. Judgment was rendered, and an appeal taken to the Supreme Court.
Read the full summary
Appeal by defendant Marshall from Lyon, J., as of the August Term of Surry, from judgment rendered in Winston, 11 September, 1911. This cause was originally tried at August Term, 1909, of the Superior Court of Surry County, before Jones,, J., upon issues submitted to and answered by a jury. Judgment was rendered, and an appeal taken to the Supreme Court. The judgment was affirmed in an opinion delivered by Mr. Justice Hoke, 155 N. 0., 169. At August Term, 1911, of Surry Court, upon motion, Ms Honor, Judge Lyon, made the following order: NoBTI-r CAROLINA-SURRY 0OUNTY. August Term, 1911. In tMs…
1Opinion of the CourtBkowN, J.
We must treat this proceeding as a motion in the cause to amend the judgment rendered by Judge Jones, and affirmed by this Court so as to include in it an adjudication as to the surrender of the “Big Mill,” etc., as contended by the defendant. Treating it as such, upon the record before us, we must affirm the order of Judge Lyon, from which the defendants appeal.
There is no finding of facts set out in this record that Judge J ones ever rendered any such judgment and inadvertently failed to incorporate it in the written judgment signed by him. The case was brought to this Court on appeal, and…
2Cases cited6 opinions
- Norton v. . McLaurinSupreme Court of North Carolina · 1899
- Heilig and Others v. . Stokes and PenningtonSupreme Court of North Carolina · 1869
- Coharie Lumber Co. v. BuhmannSupreme Court of North Carolina · 1912
- Stockton v. Wolverine Gold Mining Co.Supreme Court of North Carolina · 1907
- Winborne v. . JohnsonSupreme Court of North Carolina · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. CannonSupreme Court of North Carolina · 1956
- Ledford v. . LedfordSupreme Court of North Carolina · 1948
- Shaver v. ShaverSupreme Court of North Carolina · 1958
- STATE TRUST COMPANY v. TomsSupreme Court of North Carolina · 1956
- Drewry v. Raleigh Savings Bank & Trust Co.Supreme Court of North Carolina · 1917
5 more not listed; retrieve them via the Exa API.