McNeill v. . McDuffie
Supreme Court of North Carolina
Civil ACTION of claim and delivery, tried before Creene, J., and a jury, at April Term, 1896, of Cumberland Superior Court. The defendant excepted to the jurisdiction of the court upon the ground that the law did not authorize said court to be held at the time. Exception overruled and defendant excepted. Upon the trial there was no exception on the defendant’s part as to the rulings of the court upon the exception or rejection of evidence.
Read the full summary
Civil ACTION of claim and delivery, tried before Creene, J., and a jury, at April Term, 1896, of Cumberland Superior Court. The defendant excepted to the jurisdiction of the court upon the ground that the law did not authorize said court to be held at the time. Exception overruled and defendant excepted. Upon the trial there was no exception on the defendant’s part as to the rulings of the court upon the exception or rejection of evidence. No special instruction was asked for by the defendant. There was judgment for the plaintiffs and defendant appealed.
1Opinion of the Court
ClaRK J.:
Chapter 86, Acts 1895, providesfor a superior court to be held.in Cumberland county “ on the 6th Monday after the first Monday in March, to continue for two weeks.” By Chapter 281 of the same Acts, but ratified later in the session, it is enacted that a superior court be held in Richmond county “ on the sixth Monday after the first Monday in March,” Cumberland and Richmond counties being in the same judicial district. It is clear that the two courts canuot be readily opened on the same day by the same judge. But it does not follow necessarily that one act repeals the other. There is…
2Cases cited2 opinions
- Norwood v. . ThorpeSupreme Court of North Carolina · 1870
- Wortham v. . BasketSupreme Court of North Carolina · 1888
3Cited by5 opinions
- State v. WoodSupreme Court of North Carolina · 1918
- State v. . WoodSupreme Court of North Carolina · 1918
- Davison v. West Oxford Land Co.Supreme Court of North Carolina · 1897
- Webster v. StateSupreme Court of Florida · 1905
- Crausby v. StateCourt of Criminal Appeals of Texas · 1929