Legal Opinion

Summerlin v. . Cowles

Supreme Court of North Carolina

Decided September 5, 1890PublishedCited by 14 opinions

This was an appeal from a judgment rendered at March Term, 1890, of Wilkes Superior Court, by Merrimon, J. The facts are set out in the opinion.

1Opinion of the Court

Merrihon, C. J.:

This case came before this Court by a former appeal at the September Term, 1888, and was then decided adversely to the defendant (101 N. C., 473). It appeared from the record in that appeal that “the jury found the issue in favor of the plaintiff, but the Court, being of opinion that, upon the facts proved, the plaintiff was not entitled to recover, rendered judgment for defendant, and the plaintiff appealed.” The decision of this Court was to the effect that the Court below erred, in that it gave judgment for the defendant, and it simply reversed the judgment of the latter…

2Cases cited2 opinions

  1. Cook v. . MooreSupreme Court of North Carolina · 1888
  2. Summerlin v. . CowlesSupreme Court of North Carolina · 1888

3Cited by14 opinions

  1. Bernhardt v. BrownSupreme Court of North Carolina · 1896
  2. State v. . WhitleySupreme Court of North Carolina · 1935
  3. Matthews v. Fry.Supreme Court of North Carolina · 1906
  4. Sheets v. Vandalia Railway Co.Indiana Court of Appeals · 1920
  5. City of Durham v. Eno Cotton MillsSupreme Court of North Carolina · 1907

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