Oates v. Munday.
Supreme Court of North Carolina
Civil ActioN by Oates, White & Co., Stoneberger & Rich.ards, Tames Carey & Co., Eddleman & Brown, and Samuel Bevens & Co., against J. W. Keener (Administrator of W. A. McCoy), A. P. Munday and wife Ada, and J. A. Munday and wife Belle, beard by Judge O. H. Allen, at Eall Term, 1900, of MacoN Superior Court. A jury trial was waived .and it was agreed that the Court might find the facts and answer the issues. Erom a judgment for plaintiffs, defend.ants appealed.
1Concurrence
EaiRClotii, C.. J.,
(concurring in tbe result). Tbe plaintiffs obtained and docketed judgments in 1879 and 1880 against W. A. McCoy, and tbis action is to bave a commissioner appointed to sell tbe homestead land of said McCoy to satisfy said judgments. It is admitted that McCoy died insolvent in 1892, and that bis youngest child was over twenty-one years of age when tbis action commenced. Several issues were submitted without objection, and the case on appeal states that a jury trial was waived; tbe plaintiffs and defendants agreeing that tbe Court might find tbe facts and answer the issues.…
2Cases cited6 opinions
- Southern Fertilizer Co. v. ReamsSupreme Court of North Carolina · 1890
- Burton v. . SpiersSupreme Court of North Carolina · 1882
- Spoon v. . ReidSupreme Court of North Carolina · 1878
- Cobb v. . HalyburtonSupreme Court of North Carolina · 1885
- Formeyduval v. . RockwellSupreme Court of North Carolina · 1895
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