Legal Opinion

Spicer v. . Fulghum

Supreme Court of North Carolina

Decided June 5, 1872PublishedCited by 10 opinions

Civil action tried before Olartce, J., at January Special Term, 1872, of the Superior Court of Wayne. It was instituted for tlie purpose of foreclosing a mortgage made to secure three promissory notes given by defendants Eulglmm and Whitfield to Nancy. B. Latham, also a defendant. The notes were in the usual form of promissory notes, given Nov. 27th, 186S, and payable with interest, March 1st, 1SG9, January 1st, 1870, and January 1st, 1871, respectively.

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Civil action tried before Olartce, J., at January Special Term, 1872, of the Superior Court of Wayne. It was instituted for tlie purpose of foreclosing a mortgage made to secure three promissory notes given by defendants Eulglmm and Whitfield to Nancy. B. Latham, also a defendant. The notes were in the usual form of promissory notes, given Nov. 27th, 186S, and payable with interest, March 1st, 1SG9, January 1st, 1870, and January 1st, 1871, respectively. In July 1870, the payee assigned them for value to one Morrissey as' a commissioner, and MorrissSy assigned them to the plaintiff for a…

1Opinion of the CourtBqyden, J.

There are 'but two questions made in the case. Eirst, that his Honor erred in his ruling as to a challenge made on the part of the plaintiff in the following form, “ If any juror in this box is related to any one of the defendants, by blood or marriage, he is requested to retire from the jury-box.” No juror retired or offered to retire or make any response. His Honor certainly permitted this form of challenge (if it may be called one) and he made no objection to any juror’s retiring or responding to the challenge. How then did his Honor err in this matter ? He permitted the plaintiff to have…

2Cases cited1 opinion

  1. State v. . Harvey PerkinsSupreme Court of North Carolina · 1872

3Cited by10 opinions

  1. State v. . LambertSupreme Court of North Carolina · 1885
  2. State v. . DegraffSupreme Court of North Carolina · 1893
  3. State v. Lipscomb.Supreme Court of North Carolina · 1904
  4. State v. MaultsbySupreme Court of North Carolina · 1902
  5. State v. . WatkinsSupreme Court of North Carolina · 1912

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