Thompson v. . Floyd
Supreme Court of North Carolina
Issue of devisa vit vel NON, removed under the act of Assembly abolishing jury trials in the county courts of Eobeson, into the Superior Court and tried before his Honor, Judge PERSON, at the Special Term of that' Coart in May last.
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Issue of devisa vit vel NON, removed under the act of Assembly abolishing jury trials in the county courts of Eobeson, into the Superior Court and tried before his Honor, Judge PERSON, at the Special Term of that' Coart in May last. The record in the County Court shows that the paper writing in question, was offered as the last will and testament of William Thompson, by John B. Thompson, and that it was opposed by William P. Eloyd, an infant, by English G. Eloyd, his guardian. An issue of devisa/oil vel non was made up in the case, and being duly set down on the docket for trial, the cause…
1Opinion of the Court
Battle,- J.
After the issue of devisavit vel non was made up in the county coui’t, the only way in which it could be disposed of was by a trial by jury; and if the jurisdiction to have causes tried in that mode had been taken away from the County Courts of Eobeson, and vested exclusively in the Superior Courts of that county, either party had a right to remove tlicir cause to that Court, by a writ of certiorari, for the purpose of having the issue tried there. In the case of the State v. Jacobs, Bush. Rep. 218, we held that by consent, the parties might remove a cause under similar…
2Cited by10 opinions
- Rhyne v. . LipscombeSupreme Court of North Carolina · 1898
- Russ v. Board of Education of Brunswick CountySupreme Court of North Carolina · 1950
- State Ex Rel. Greene v. OwenSupreme Court of North Carolina · 1899
- Harriss v. WrightSupreme Court of North Carolina · 1897
- Cottrell v. . LenoirSupreme Court of North Carolina · 1917
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