Perry v. Tupper
Supreme Court of North Carolina
Civil ActioN, tried before Watts J. at Fall Term, 1875, qf tbe Superior Court of Wake county. Tbe complaint alleges substantially tbe following facts : That tbe plaintiffs, Gideon Perry, Joel Evans, Abram Nicbols, Hilliard "Williams and Ed. Jones, are tbe trustees of tbe Second Baptist Cbureb of. tbe City of Ealeigb, duly elected according to tbe usage of said cburch.
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Civil ActioN, tried before Watts J. at Fall Term, 1875, qf tbe Superior Court of Wake county. Tbe complaint alleges substantially tbe following facts : That tbe plaintiffs, Gideon Perry, Joel Evans, Abram Nicbols, Hilliard "Williams and Ed. Jones, are tbe trustees of tbe Second Baptist Cbureb of. tbe City of Ealeigb, duly elected according to tbe usage of said cburch. Tbe plaintiffs, Gideon Perry and Abram Nicbols, together with Beverly Stanly, Merritt Williams and Frederick Dunn, were on tbe 31st day of March, 1866, tbe predecessors of the plaintiffs as said trustees. As such trustees, at…
1Opinion of the CourtPearson, C. J.
When a case is under the provision of C. C. P., submitted to the Judge to decide facts, as well as law, a novel state of things exists. He, as Judjge, is to admit or reject evidence, and is to charge himself upon the questions of law applicable to the case, and is then, as jury, to find the facts and render a special verdict. The same is the mode of procedure before a referee.
The referee, in the case before us, commits a grave error in assuming that what amounts to a voluntary withdrawal of members from a religious association, is a question of fact.
What amounts to a duress, is a question of…
2Cited by2 opinions
- Vaughan v. . LewellynSupreme Court of North Carolina · 1886
- Lewis v. WolfeMissouri Court of Appeals · 1967