Legal Opinion

National Bank of Greensboro v. Gilmer

Supreme Court of North Carolina

Decided February 15, 1895PublishedCited by 26 opinions

Civil action, tried before JBattle, J., and a jury, at a Special Term of the Superior Court of Eoesvth county, which began on Monday, the 26th day of November, 1894. ■The plaintiffs, the National Bank of Greensboro, Rowe Wiggins and the Atlantic National Bank of Wilmington, North Carolina, being judgment creditors of the defendant J. E. Gilmer, brought this action for the purpose, as is alleged in their complaint, of setting aside and declaring fraudulent and void certain…

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Civil action, tried before JBattle, J., and a jury, at a Special Term of the Superior Court of Eoesvth county, which began on Monday, the 26th day of November, 1894. ■The plaintiffs, the National Bank of Greensboro, Rowe Wiggins and the Atlantic National Bank of Wilmington, North Carolina, being judgment creditors of the defendant J. E. Gilmer, brought this action for the purpose, as is alleged in their complaint, of setting aside and declaring fraudulent and void certain conveyances and deeds of trust made by the defendant J. E. Gilmer; one being a deed of trust made by-the defendant J. E.…

1Opinion of the Court

Avbey, J.:

The exception to the Judge’s remarks to the jury are without merit. Almost the same expressions were used in Osborne v. Wilkes, 108 N. C., 651, and were found unobjectionable on appeal, citing Hannon v. Grizzard, 89 N. C., 115. Nor was there error in continuing the Term to conclude the trial or to receive the verdict. This is authorized as to felonies by The Code, Sec. 1229 (State v. Adair, 66 N. C., 298) and was extended to all other cases by Chapter 226, Acts 1893, except that it would *701not apply to civil cases begun after Tliursday of tbe last week of tbe Term. Tbe trial of tbis…

2Cases cited17 opinions

  1. Clarke v. Boorman's ExecutorsSupreme Court of the United States · 1874
  2. McLeod v. . BullardSupreme Court of North Carolina · 1881
  3. Helms v. . GreenSupreme Court of North Carolina · 1890
  4. Osborne v. . WilkesSupreme Court of North Carolina · 1891
  5. State Ex Rel. Hannon v. GrizzardSupreme Court of North Carolina · 1883

12 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Wilson v. Crab Orchard Development CompanySupreme Court of North Carolina · 1970
  2. Edwards v. Northwestern BankCourt of Appeals of North Carolina · 1979
  3. Austin v. . StatenSupreme Court of North Carolina · 1900
  4. State v. . BurtonSupreme Court of North Carolina · 1916
  5. Powell Bros. v. McMullan Lumber Co.Supreme Court of North Carolina · 1910

21 more not listed; retrieve them via the Exa API.

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