Harshaw v. . Dobson
Supreme Court of North Carolina
Civil action, tried before Mitchell, J., at Spring Term, 1872, of the Superior Court of Catawba. This case was before the Court at January Term, 1870, upon tbe complaint and demurrer ñled. The demurrer was overruled, and, by agreement of parties, the defendant was allowed to answer. His answer was filed ; issues of fact, under thd direction of tbe Court, were submitted to a jury, and several witnesses were examined.
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Civil action, tried before Mitchell, J., at Spring Term, 1872, of the Superior Court of Catawba. This case was before the Court at January Term, 1870, upon tbe complaint and demurrer ñled. The demurrer was overruled, and, by agreement of parties, the defendant was allowed to answer. His answer was filed ; issues of fact, under thd direction of tbe Court, were submitted to a jury, and several witnesses were examined. The material parts of the complaint and answer, the issues, and tbe facts proved, are stated in the opinion of the Court. Plaintiff moved for judgment on the fourth issue, which,…
1Opinion of the CourtReade, J.
This case was before ns at January Term, 1810, .reported in 64 N. C. R. 384. It stood then upon demurrer to the complaint, upon the ground that the facts set ofit did not constitute duress.
The demurrer was overruled, and judgment would have been rendered then for the plaintiff, but for the fact that it was agreed of record by the parties that, if the demurrer should be overruled, there should not be judgment for the plaintiff, but the defendant should answer and the case should stand upon proofs. It is now before ns, not in the usual form, and, on that account, the delicate questions involved…
2Cases cited1 opinion
- Harshaw v. . DobsonSupreme Court of North Carolina · 1870
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- State ex rel. Wells v. SluderSupreme Court of North Carolina · 1874
- Wells v. . SluderSupreme Court of North Carolina · 1874