Hines v. . Hines
Supreme Court of North Carolina
Civil Action, tried at Fall Term, 1880, of Lesoir Superior Court, before Gudger, J. The action was heard upon a case agreed and founded npon the construction of the following instrument; “State op North Carolina.
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Civil Action, tried at Fall Term, 1880, of Lesoir Superior Court, before Gudger, J. The action was heard upon a case agreed and founded npon the construction of the following instrument; “State op North Carolina. Waynjg County: “Know all'men by these presents that I, Enoch Cobb, for the consideration of the good will, favor and affection that I bear towards my son-in law, James M. Hines, I give to the said James M. Hines the following negroes : Old Kedar, Catherine, Edwin, Teanor and Alfred, and four head of horses,-one yoke of oxen, nine sows and pigs, and twelve head of cattle, one hundred…
1Opinion of the CourtAshe, J.
The case, by the appeal, in the manner it is brought before this court is fragmentary. The law involved is by a “pro forma” judgment sent to this court, while the facts and merits of the case are retained in the court below to await the opinion of this court upon the question of law. Such a proceeding is an innovation upon the practice of the court; and to entertain the appeal would be establishing a bad precedent, to which this court cannot give its sanction.
Questions of law involved in a case may be decided by this court in advance of a trial upon the merits, when they are properly raised,…
2Cases cited1 opinion
- State v. . Locust and PearsonSupreme Court of North Carolina · 1869
3Cited by20 opinions
- Guilford v. . Georgia Co.Supreme Court of North Carolina · 1891
- Cowart v. HoneycuttSupreme Court of North Carolina · 1962
- Penn-Allen Cement Co. v. PhillipsSupreme Court of North Carolina · 1921
- Arrington v. . ArringtonSupreme Court of North Carolina · 1884
- Best v. . BestSupreme Court of North Carolina · 1913
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