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Simonton v. Gaither

Supreme Court of North Carolina
Jun 1, 1874
71 N.C. 506 (N.C. 1874)

Opinion

(June Term, 1874.)

(The Syllabus in this is the same as it is in the preceding case of Simonton v. Lanier and others — page 498.)

In this case, the defendants appealed upon the same grounds and for the same reasons as did the defendants in the preceding case, ante.

McCorkle Bailey, for appellants.

Folk Armfield and Furches, contra.


The same motions were made and overruled in this case, as in the case of Simonton v. Lanier, decided at this term of the Court. The facts in the two cases, are almost identical, and therefore for the reasons given in the case of Simonton v. Lanier, we hold the ruling of his Honor below, on the motion to arrest the judgment, erroneous.

The case is remanded to the end that the proper correction be made, and that upon the payment of the judgment and legal interest, satisfaction be entered of record.

PER CURIAM. Judgment reversed and case remanded.


Summaries of

Simonton v. Gaither

Supreme Court of North Carolina
Jun 1, 1874
71 N.C. 506 (N.C. 1874)
Case details for

Simonton v. Gaither

Case Details

Full title:R. F. SIMONTON, CASHIER, v. L. G. GAITHER AND OTHERS

Court:Supreme Court of North Carolina

Date published: Jun 1, 1874

Citations

71 N.C. 506 (N.C. 1874)