Gray v. . Cooper
Supreme Court of North Carolina
This was a civil action tried before Pool, Judge, at tbe last term of the Superior Court for tbe County of Beetle. Tbe plaintiff claimed tbe bire of a negro slave for the-years 1862 and 1863, and declared upon a special contract and upon tbe common counts. Upon tbe trial tbe plaintiff offered bimself as a witness to prove that tbe defendant’s intestate bad bis testator’s slave in bis possession and employment during tbe years 1862 and 1863, and also tbe value of tbe bire.
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This was a civil action tried before Pool, Judge, at tbe last term of the Superior Court for tbe County of Beetle. Tbe plaintiff claimed tbe bire of a negro slave for the-years 1862 and 1863, and declared upon a special contract and upon tbe common counts. Upon tbe trial tbe plaintiff offered bimself as a witness to prove that tbe defendant’s intestate bad bis testator’s slave in bis possession and employment during tbe years 1862 and 1863, and also tbe value of tbe bire. Tbe defendant objected that tbe plaintiff could not' bimself prove facts from which a contract between the parties could…
1Opinion of the CourtRodman, J.
This is an action to recover of the defendant the value of the services of certain slaves belonging to the plaintiff which it is alleged were hired by the plaintiff to the intestate of the defendant. The action was commenced ■soon after the adoption of the Code of Civil Procedure, but it is in the old form of an action of debt, there is no complaint or declaration, and no answer or pleas, but merely short memorandums of pleas, among which is, “ General issue.” This was irregular; hut as no exception was taken by either party in the Court below, or in this Court, to the defects in the…
2Cases cited1 opinion
- Whitesides v. . GreenSupreme Court of North Carolina · 1870
3Cited by22 opinions
- March v. . VerbleSupreme Court of North Carolina · 1878
- Burton v. . StyersSupreme Court of North Carolina · 1936
- Lockhart v. . BellSupreme Court of North Carolina · 1884
- Morris v. NortonCourt of Appeals for the Sixth Circuit · 1896
- State Ex Rel. Wilder v. MedlinSupreme Court of North Carolina · 1939
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