The weekly standard. [volume] (Raleigh, N.C.) 1869-18??, 1870-03-23

chpTtthly ~ " '''''
Der of the Raleigh bar
The following opinions were delivered by
the Court on Wednesday;
RoDMAN, ].
Finger " Finger. Lincoln. Error Judg
ment reversed in part. Injunction continued
until final hearing
Clemmons v. Hampton. Forsyth. Judg
ment reversed. Yenire de moro.
Kcrns v. Wallace. Judgment affirmed
The Court thcreupon adjourned for the
term. The session has been long and Ia.
borious one, more than one hundred and
twenty opinions having been delivered. As
general rule the opinions of this term are
short and pithy As many questions of gem
eral importance, and many points of prac-
tice have been decided, the profession will
look with great interest for the forthcoming
number of the Reports.
Hunt " Snead and wife.
Rodman, j. Original jurisdiction of all
proceeding necessary for the settlement oil
the estate of deceased person is vested eN-
clusively in the Probate Judge. Hence.
where the plaintiff issued summons return
able at the regular term OF the Superior
Court, and filed a complaint alleging that
the defendant Zone of whom was eNtr'xlwas
wasting the estate of one A. b. AMI that the
plaintiff was creditor and lcgatcc of the de
ceased, and demanding Judgment, that the
defendants account and pay the debt and
legacy, and that in the meantime they he
onioncd, &c. Held, That the proceedings
were coram non iudicc, and ought TO be dis
missed.
II in such action in the Probate Court nm
order of Injunction became necessary, such
application tor such order may be made to
the Judge of the district, hut such order
being merely incidental to the main cause,
would not Dust the Jurisdiction of the Pro.
bate Judge, nor remove the proceeding from
the Probate Court.
Allison Y. W. n. C. r. II. Co,
REApE, ]. Where slave hired to a rail
road company, was placed by the Roadmas'
ter, who had control of the hands, under
certain contractors of the Railroad, and
while thus engaged, was fatally injured by
an explosion of powder ncgligcntly stored
in the house furnished by the said contrac-
tors as sleeping quarters for the hands loan
ed to them by the Roilroad Held, That
the Railroad Company was responsible to
the owner for the value of the slave thus
killed
Sapona Iron Company v. Holt.
SETTLE, ]. Where the charter Of com
pany, Incorporated in 1862, provided that
its affairs should he managed by board OF
Directors, "all of whom should be citizens
of the Confederate States" Held, that as
the words were used merely as n dcsigna-
ton of the persons who are to carry On a
legitimate business. and not from any desire
to aid rebellion there is nothing in the act
of incorporation Incompatible with the al
lepiancc of the citizens of the State, to the
government OF the United States. Under
the old system where AN article is sold for II
specific price, no evidence tending to show
that the article was valueless, can he con
sidcred, but the party aggricved must resort
to a cross-action. Under the Code, how
ever. il there is any breach Of warranty, or
Deceit &c, the party aggricvcd may plead
it AS a counter claim.
Calvert v. Williams.
Pearson, ]. A note given to secure the
payment OF money won ut cards, is void by
statute. even though passed by endorsement,
for valuable consideration, without notice,
the .ndorser cannot recover. second note
executed to the original payee, whether sim
ply in renewal Of the first, or including
another debt therein, is likewise void.
But n second note executed to the endOrsce
Is not tainted by the illcgality; for 1t is
given to secure the price paid by such en-
tiorsee for the first note, and not to secure
the payment of money won at cards.
Harshaw V. Dobson.
READE, ]. The complaint alleged that
the plaintiffs intestatc had Judgment
against the defendant in Burke Superior
Court for $4,000, founded on bond given
in 1850, for tract Of land, with the stipu-
lation that it was to be paid in gold and
silver: that in 1868 the Judge presiding in
Burke Superior Court charged the grand
Jury that 1t was an indictablc offence to re-
fuse to receive Confederate money in the
payment of debts; that the defendant
moved to be allowed to discharge the said
Judgment in Confederate Treasury notes.
which motion was granted, and the payment
and satisfaction entered of record, and the
Judge thcrcupon sent word to the plaintiffs
intestate that if he refused the money, he
should be sent to Castle Thunder; that the
plaintiffs intestatc, in fear of his life by
reason of the Judges threat, received the
money and made the defendant decd to
the lapd.
To this complaint the defendant de.
INJURED. Held, That the demurrer ought TO
have been oyerruled, and but for the agree
ment ol parties that the defendant might he
allowed to put the facts in issue after the
decision of the demurrer, the plaintiff would
be entitled to judgment.
Foard " Alexander.
RopMAN, j. The proper relief against an
irregular judgment ur execution, Is by a
motion in the cause, to set it aside, Sc., md
not by new proceeding in the nature Of