Hyder v. Board of County Road Trustees for Henderson County

130 S.E. 497, 190 N.C. 663, 1925 N.C. LEXIS 146

• Court: Supreme Court of North Carolina
• Decided: December 9, 1925
• Status: Published

Opinion

Stacy, C. J.,

after stating the case: The judgment sustaining the demurrers must be affirmed on authority of Jenkins v. Griffith, 189 N. C., 633, and Hipp v. Fenrall, 173 N. C., 167.

Jenkins v. Griffith was written under a per curiam opinion, but this in no way impairs its force as a precedent. It is supported by full citation of authorities. Ordinarily, a per curiam is the opinion of the Court in a case in which we are all of one mind, and where the questions presented are controlled by previous decisions, or otherwise they are of such a nature that we do not deem it necessary, or beneficial to the profession, to elaborate them by an extended discussion. Clarke v. Assurance Co., 146 Pa. St., 561; Minor v. Fike, 77 Kan., 806, 93 Pac., 264.

Affirmed.