Moye v. . Petway
Supreme Court of North Carolina
Settlement cf Estate — Fraud — Practice — Judgment non obstante veredicto. This was a Civil ActioN brought by the plaintiff to Wil-,S0N Superior Court to obtain satisfaction of a judgment for .$3,750.00 alleged to be due the plaintiff, and removed to WayNE Superior Court and tried at Eall Term, 1.876, before JSeymour, J. The judgment Aras recovered at Spring Term, '1876, of Wilson Superior Court and subsequently set aside.
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Settlement cf Estate — Fraud — Practice — Judgment non obstante veredicto. This was a Civil ActioN brought by the plaintiff to Wil-,S0N Superior Court to obtain satisfaction of a judgment for .$3,750.00 alleged to be due the plaintiff, and removed to WayNE Superior Court and tried at Eall Term, 1.876, before JSeymour, J. The judgment Aras recovered at Spring Term, '1876, of Wilson Superior Court and subsequently set aside. (See Moye v. Petioay, 75 N. C. 165.) The only issue submitted to the jury was in substance,, “whether the $11,000 paid by R. S. Petway, Admr. of W. I). Petway to W. Swift…
1Opinion of the CourtPearsoN, C. J.
The plaintiff moved for a new trial on the ground of misdirection.
1st. There is no error in the instructions given to the jury; on the contrary the issue upon which the parties put the case was left to the jury in a very lucid manner.
2nd. There is no error in the refusal of His Honor to charge, “that from the facts admitted in the pleadings and the evidence there was a presumption of law that it was a fraud.”
So far from a presumption of fraud as a matter of law, we can see no evidence of fraud as a matter of fact to be passed on by the jury.
The husband of the next of kin buys property at the…
2Cases cited1 opinion
- Young v. BlackSupreme Court of the United States · 1813
3Cited by13 opinions
- Walker v. . ScottSupreme Court of North Carolina · 1890
- Shives v. Eno Cotton MillsSupreme Court of North Carolina · 1909
- Smith v. . SmithSupreme Court of North Carolina · 1945
- Smith v. SmithSupreme Court of North Carolina · 1945
- Parker v. Raleigh Savings BankSupreme Court of North Carolina · 1910
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