State on Rel. Martin v. . Sloan .
Supreme Court of North Carolina
This was a civil action in which an injunction was applied for and granted by his Honor, Logan, J., at Mecklenburg, in December, 1870, and which was brought to the Supreme Court upon the appeal of the defendants. The case with reference to the points decided will sufficiently appear in the opinion of the Court.
1Opinion of the CourtReade, J.
It was stated at the Bar that the Wilmington, Charlotte and Rutherford Railroad having been sold, neither party has any interest in the case except as to cost. When that is the case, we are not in the habit of deciding the case. After the emancipation of the slaves we declined to try any case involving title to a slave. And we put the cases off the docket. Suppose parties at the beginning of a suit and in the pleadings were to admit that they had no rights involved, but that they would carry on the suit to see which could make the other pay costs, of course we would not try it. Upon the…
2Cited by13 opinions
- Moores v. MooresOregon Supreme Court · 1899
- Hasty v. . FunderburkSupreme Court of North Carolina · 1883
- Hinton v. . DeansSupreme Court of North Carolina · 1876
- Hockoday v. . LawrenceSupreme Court of North Carolina · 1911
- State v. Richmond & Danville RailroadSupreme Court of North Carolina · 1876
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