Simonton v. . Gaither

Supreme Court of North Carolina

Simonton v. . Gaither

71 N.C. 506

DecidedJune 5, 1874

StatusPublished

This text of 71 N.C. 506 (Simonton v. . Gaither) 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

Simonton v. . Gaither, 71 N.C. 506 (N.C. 1874).

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Opinion

*507 Byetom, J.

The sanie motions were made and overruled in this case, as in the ease 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 ease 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.

Pee Cueiam. Judgment reversed and case remanded.

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*507 Byetom, J.

The sanie motions were made and overruled in this case, as in the ease 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 ease 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.

Pee Cueiam. Judgment reversed and case remanded.

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Bluebook (online)

71 N.C. 506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simonton-v-gaither-nc-1874.