McNeill v. . Lawton
Supreme Court of North Carolina
Civil action, tried before Philips, Judge, at October Civil Term, 1886, of Wake Superior Court. The following is so much of the case settled on appeal, as it is necessary to set forth here : lliis is an action to enforce the payment of an amount alleged by the plaintiffs to be due to them by the defendant, for material furnished and work and labor done, in erecting and repairing certain buildings and personal property in the city of Raleigh, and to have the same declared to…
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Civil action, tried before Philips, Judge, at October Civil Term, 1886, of Wake Superior Court. The following is so much of the case settled on appeal, as it is necessary to set forth here : lliis is an action to enforce the payment of an amount alleged by the plaintiffs to be due to them by the defendant, for material furnished and work and labor done, in erecting and repairing certain buildings and personal property in the city of Raleigh, and to have the same declared to be a lien on said buildings, and the lot upon which the same are situated, discharged from all homestead claims on the…
1Opinion of the Court
Merrimon, J.,
(after stating the facts). It is true, as contended by the counsel of the appellant, that the record and recitals therein must prevail, when these are inconsistent and in conflict with statements in the case stated or settled upon appeal by the Court. Farmer v. Williams, 75 N. C., 401; State v. Keeter, 80 N. C., 472. But we do not find such inconsistency in this case. The proceedings in the course of the action appear disorderly, but the pleadings all appear, and their nature and what is stated in them, indicate the proper order of them. Nor does the record note the consent of…
2Cases cited3 opinions
- State v. . KeeterSupreme Court of North Carolina · 1879
- Farmer v. . WillardSupreme Court of North Carolina · 1876
- People's Bank v. StewartSupreme Court of North Carolina · 1885
3Cited by11 opinions
- Jones v. . BeamanSupreme Court of North Carolina · 1895
- Morisey v. . SwinsonSupreme Court of North Carolina · 1889
- State v. . WheelerSupreme Court of North Carolina · 1923
- Yellowday v. . PerkinsonSupreme Court of North Carolina · 1914
- Andrews v. . JordanSupreme Court of North Carolina · 1934
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