Cropsey v. . Markham
Supreme Court of North Carolina
Appeal by plaintiff from Cooke, J., at September Term, 1915, of PASQUOTANK. Civil action to recover $117, alleged to be due for services rendered after the death of the intestate of the defendant and before the qualification of the defendant as administrator. The defendant denied that there was any amount due the plaintiff and, in addition, pleaded an estoppel by former judgment.
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Appeal by plaintiff from Cooke, J., at September Term, 1915, of PASQUOTANK. Civil action to recover $117, alleged to be due for services rendered after the death of the intestate of the defendant and before the qualification of the defendant as administrator. The defendant denied that there was any amount due the plaintiff and, in addition, pleaded an estoppel by former judgment. Tbe plaintiff introduced evidence tending to prove tbat after tbe death of tbe defendant’s intestate be rendered certain services in taking care of tbe farm and tbe stock and tbat tbe services were reasonably worth…
1Opinion of the CourtAllen, J.
Tbe plaintiff sues to recover $117, alleged to be due for services rendered after tbe death of tbe. intestate of tbe defendant and before tbe qualification of tbe defendant as administrator. Tbe defendant denies tbe indebtedness, and pleads an estoppel by former judgment. Tbe plaintiff replies tbat tbe items in controversy in this action did not enter into the former judgment, and be ba.s offered parol evidence to sustain bis allegation, which was excluded by tbe court.
Was this evidence competent?
Tbe answer to this question requires an examination of tbe record in tbe former action and tbe…
2Cases cited12 opinions
- Tyler v. . CapehartSupreme Court of North Carolina · 1899
- Coltrane v. . LaughlinSupreme Court of North Carolina · 1911
- Yates v. . YatesSupreme Court of North Carolina · 1879
- J. T. McTeer Clothing Co. v. HaySupreme Court of North Carolina · 1913
- Ferebee v. . SawyerSupreme Court of North Carolina · 1914
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3Cited by8 opinions
- Hayes v. RicardSupreme Court of North Carolina · 1960
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- Propst v. . CaldwellSupreme Court of North Carolina · 1916
- Cedar Works v. . Lumber Co.Supreme Court of North Carolina · 1913
- Savage v. . McGlawhornSupreme Court of North Carolina · 1930
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