Legal Opinion

Simmons v. . McCullin

Supreme Court of North Carolina

Decided October 22, 1913PublishedCited by 14 opinions

Appeal by plaintiffs from Lyon, Jat February Term, 1913, of SAMPSON. This is an injunction against a sale of defendant’s land. W. R. McCullin and James McCullin were indicted for the murder of Jonah Simmons, and were convicted of murder in the second degree. Plaintiff and the widow brought civil suits to recover damages for the killing.

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Appeal by plaintiffs from Lyon, Jat February Term, 1913, of SAMPSON. This is an injunction against a sale of defendant’s land. W. R. McCullin and James McCullin were indicted for the murder of Jonah Simmons, and were convicted of murder in the second degree. Plaintiff and the widow brought civil suits to recover damages for the killing. The court, after the verdict was returned in the criminal case, suggested that if a liberal provision was made for the widow, by allowing a judgment in the civil case for $3,000, he would consider it in passing sentence and award the minimum punishment.. The…

1Opinion of the Court

This is an injunction against a sale of defendant's land. W. R. McCullin and James McCullin were indicted for the murder of Jonah Simmons, and were convicted of murder in the second degree. Plaintiff and the widow brought civil suits to recover damages for the killing. The court, after the verdict was returned in the criminal case, suggested that if a liberal provision was made for the widow, by allowing a judgment in the civil case for $3,000, he would consider it in passing sentence and award the minimum punishment. The parties all agreed to this and consented that judgment should be…

2Cases cited19 opinions

  1. Nashville, Chattanooga & St. Louis Railway Co. v. United StatesSupreme Court of the United States · 1885
  2. Union Bank of Richmond v. Commissioners of OxfordSupreme Court of North Carolina · 1896
  3. Rodman v. Robinson.Supreme Court of North Carolina · 1904
  4. Adler v. Van Kirk Land & Construction Co.Supreme Court of Alabama · 1896
  5. Bigley v. WatsonTennessee Supreme Court · 1897

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3Cited by14 opinions

  1. Gardiner v. MaySupreme Court of North Carolina · 1916
  2. Keen v. ParkerSupreme Court of North Carolina · 1940
  3. Keen v. . ParkerSupreme Court of North Carolina · 1940
  4. Gardiner v. . MaySupreme Court of North Carolina · 1916
  5. Morris v. . PattersonSupreme Court of North Carolina · 1920

9 more not listed; retrieve them via the Exa API.

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