Legal Opinion

Martin v. . Buffaloe

Supreme Court of North Carolina

Decided September 5, 1897PublishedCited by 2 opinions

Civil action by the plaintiffs, as trustees of C. F. Futrell, against the defendant as Sheriff, and others, for damages for the wrongful seizure of a stock of goods, tried before Graham, J. at Spring Term, 1896, of NORTHAMPTON Superior Court. From a judgment against the defendants for $1,109 damages, they appealed.

1Opinion of the Court

Faircloth, C. J.:

We will reserve the first exception at present. The other exceptions to the evidence are untenable.

His Honor charged the jury that “transactions between mere relatives, no one else being present, are always viewed with suspicion, and their evidence must be received with many grains of allowance, but if it is of such a nature as to carry conviction to your minds that said witnesses are telling the truth, then it is entitled to as much weight as that of any other witness.” This charge is not only according to the precedents and authorities but is founded in reason, and the…

2Cases cited3 opinions

  1. Humphreys v. . FinchSupreme Court of North Carolina · 1887
  2. McKee v. . HicksSupreme Court of North Carolina · 1830
  3. Cheek v. . NallSupreme Court of North Carolina · 1893

3Cited by2 opinions

  1. Martin v. Buffaloe.Supreme Court of North Carolina · 1901
  2. Krechel v. MercerSupreme Court of North Carolina · 1964

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