Chapman Lumber Co. v. Benfield

Supreme Court of North Carolina

Chapman Lumber Co. v. Benfield

19 S.E.2d 635, 221 N.C. 539, 1942 N.C. LEXIS 506

DecidedApril 15, 1942

StatusPublished

This text of 19 S.E.2d 635 (Chapman Lumber Co. v. Benfield) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chapman Lumber Co. v. Benfield, 19 S.E.2d 635, 221 N.C. 539, 1942 N.C. LEXIS 506 (N.C. 1942).

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Opinion

PeR Curiam.

Is plaintiffs’ claim, in its present form, of such nature as to create a lien upon the specific fund in the hands of the clerk ? The court below answered in favor of the plaintiff. As to the correctness of this ruling this Court (Schenck, J., not sitting) is evenly divided in opinion. Hence, the judgment of the Superior Court is affirmed in accord with the usual practice in such eases, and stands as the decision in this case without becoming a precedent. Howard v. Coach Co., 216 N. C., 799, 4 S. E. (2d), 449; Pafford v. Construction Co., 218 N. C., 782, 11 S. E. (2d), 548.

Affirmed.

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PeR Curiam.

Is plaintiffs’ claim, in its present form, of such nature as to create a lien upon the specific fund in the hands of the clerk ? The court below answered in favor of the plaintiff. As to the correctness of this ruling this Court (Schenck, J., not sitting) is evenly divided in opinion. Hence, the judgment of the Superior Court is affirmed in accord with the usual practice in such eases, and stands as the decision in this case without becoming a precedent. Howard v. Coach Co., 216 N. C., 799, 4 S. E. (2d), 449; Pafford v. Construction Co., 218 N. C., 782, 11 S. E. (2d), 548.

Affirmed.

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Bluebook (online)

19 S.E.2d 635, 221 N.C. 539, 1942 N.C. LEXIS 506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chapman-lumber-co-v-benfield-nc-1942.

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