Gilmer, Exec'r v. . McNairy
Supreme Court of North Carolina
Civil action, tried at Spring Term, 1873, of the Superior Court of Guilford county, before his Honor, Tourgee, J. Plaintiff declared on a bond for $998.98^ given by defendant to plaintiff's testator, on 25th January, 1858, due 1st March, 1858. The defendant in her answer alleged as a defense to the action, that the testator of the plaintiff and one Hunt were executors of the will of James McNairy, deceased, her late husband, whose estate she averred was large, and of which…
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Civil action, tried at Spring Term, 1873, of the Superior Court of Guilford county, before his Honor, Tourgee, J. Plaintiff declared on a bond for $998.98^ given by defendant to plaintiff's testator, on 25th January, 1858, due 1st March, 1858. The defendant in her answer alleged as a defense to the action, that the testator of the plaintiff and one Hunt were executors of the will of James McNairy, deceased, her late husband, whose estate she averred was large, and of which she was entitled as one of the distributees. That the bond sued on was given for the aggregate of the principal and…
1Opinion of the CourtPearson, C. J.
The case turns upon questions of evidence. For if the evidence objected to was competent, there is manifestly no error in the charge; and if the evidence ought not to have been received, the plaintiff was entitled to the instruction asked for, so that was simply presenting the same points in a different way, and his Honor committed no error in putting the case to the jury upon the evidence which he had ruled to be competent.
1. Mrs. McNairy’s statement that she called upon Colonel Shober “ in consequence of a letter received from Mr. Gilmer while in Congress, directing her to do so, and to…
2Cited by2 opinions
- Tredwell v. . GrahamSupreme Court of North Carolina · 1883
- Vester v. . CollinsSupreme Court of North Carolina · 1888