James v. Western North Carolina Railroad
Supreme Court of North Carolina
Motion, on affidavit, in the Supreme Court by plain- ' tiff: for a rule on defendant and its attorneys of record in this case to show cause why execution should not issue from this Court to enforce the judgment in this action, to he levied by the Marshal, and for an order restraining them from obstructing the enforcement of the execution. This case was decided at September Term, 1897, and reported in 121 N. C., 523, 530. 'affidavit.
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Motion, on affidavit, in the Supreme Court by plain- ' tiff: for a rule on defendant and its attorneys of record in this case to show cause why execution should not issue from this Court to enforce the judgment in this action, to he levied by the Marshal, and for an order restraining them from obstructing the enforcement of the execution. This case was decided at September Term, 1897, and reported in 121 N. C., 523, 530. 'affidavit. Lee S. Overman, B. F. Long and A. C. Avery, each being severally sworn, maketh oath : 1. That after the judgment in this Court in the above entitled .action had…
1Opinion of the Court
Burches, J.:
This action was commenced in the Superior Court of Rowan County to recover damages for defendant’s negligently killing the plaintiff’s intestate. Upon the trial in the court below it was found that the plaintiff’s intestate was killed by the negligence of the defendant, and the jury-assessed the damages at $15,000. But the court being of opinion that the plaintiff was not entitled to judgment against the defendant, refused to sign a judgment in her favor, and gave judgment against the plaintiff for costs. From this judgment the plaintiff appealed to this Court, where the judgment…
2Cases cited3 opinions
- Cook v. . MooreSupreme Court of North Carolina · 1888
- Moore v. . HinnantSupreme Court of North Carolina · 1884
- Murphy v. . MerrittSupreme Court of North Carolina · 1869
3Cited by4 opinions
- Egbert v. St. Louis S. F. R. Co.Supreme Court of Oklahoma · 1915
- James v. JamesSupreme Court of Colorado · 1934
- Seaboard Air Line Railway v. HortonSupreme Court of North Carolina · 1918
- Town of Newton v. State Highway CommissionSupreme Court of North Carolina · 1927