Utley v. . Peters

Supreme Court of North Carolina

Utley v. . Peters

72 N.C. 525

CourtSupreme Court of North Carolina

DecidedJanuary 5, 1875

StatusPublished

Cited by2 cases

This text of 72 N.C. 525 (Utley v. . Peters) 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

Utley v. . Peters, 72 N.C. 525 (N.C. 1875).

Pincite

Opinion

*527 Reads, J.

If we felt at liberty to decide the case, we would probably have to take the facts in the case to be as stated by the defendant in her affidavit; and so taking them, the merits would seem to be in her favor. Rut, as we said in Clegg v. N. Y. Soap Stone Co., 66 N. C. R. 391, and numerous other eases since, the facts must be found below. To this end the cause will be remanded. Neither party will recover costs in this Court.

Pee Cuuiam. Case remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

*527 Reads, J.

If we felt at liberty to decide the case, we would probably have to take the facts in the case to be as stated by the defendant in her affidavit; and so taking them, the merits would seem to be in her favor. Rut, as we said in Clegg v. N. Y. Soap Stone Co., 66 N. C. R. 391, and numerous other eases since, the facts must be found below. To this end the cause will be remanded. Neither party will recover costs in this Court.

Pee Cuuiam. Case remanded.

Cite This Page — Counsel Stack

Bluebook (online)

72 N.C. 525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/utley-v-peters-nc-1875.

Opinion

Related

Cite This Page — Counsel Stack