Thomas v. Carteret County
Supreme Court of North Carolina
Appeal from Horton, J., at June Term, 1921, of Oabteeet. Action to determine tbe extent of plaintiffs’ liability on a certain note and mortgage, executed and delivered to Thomas Thomas, and by him given as security to the county of Carteret.
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Appeal from Horton, J., at June Term, 1921, of Oabteeet. Action to determine tbe extent of plaintiffs’ liability on a certain note and mortgage, executed and delivered to Thomas Thomas, and by him given as security to the county of Carteret. A brief history of this litigation is set out in the judgment of the Superior Court, entered at the June Term, 1921: “Tbis cause coming on to be beard before J. Lloyd Horton, J., and a jury, and it appearing to tbe court that at tbe June Term, 1920, of said court, tbis cause bad been tried before bis Honor, Connor, J., and a jury, and at said term tbe…
1DissentWalicee, J.
As much as I deprecate it, I am constrained to dissent from the opinion and impending judgment of this Court, as I think that upon the issues found by the jury (including the two numbers 4 and 5 of the second series of issues), which were set aside by Horton, J., for error in law, and which should be reinstated, as there was no error in law or in fact, there should be a judgment against Mace, administrator of Alonzo Thomas, for $5,000, and against the United States Fidelity Company of Baltimore for $8,500, and only if there is any balance due after applying these sums as credits on the whole…
2Cases cited40 opinions
- Gaylord v. GaylordSupreme Court of North Carolina · 1909
- Evans v. Freeman.Supreme Court of North Carolina · 1906
- Wilson v. PowersMassachusetts Supreme Judicial Court · 1881
- Walker v. . VentersSupreme Court of North Carolina · 1908
- Hyman v. . Devereux and OthersSupreme Court of North Carolina · 1869
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