The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1895-11-06
n ga and annroval of the change to GO

9 ge and approval of the change to GO
20 the jury.
No error.
S. T. Mofitt (appellant), VS.. George e.
Glass ct al, from Wake county. Opln-
ion by Faircloth, @. j.
In an action for damages for breach
of contract in building a house, where
the issue ''Did defendant, Glass, make
the contract with the plaintiff as al
legged 2" was answered mo-" Held,
that the plaintiffs right to quantum
meruit inquiry does not depend solely
upon the contract, but upon the ground
that he rendered service in work and
labor performed, and that question
should have been heard under the issue
"Was the building accepted by defend
ant or his agent r. and "Was the build
Ing completed according to contract 2"
New trial.
N. E. Brassfeld, Administratix, VS.. W.
O. Powell q Co., appellants from
Wake county. Opinion by Furches, j.
Where B, being indebted to the plain
tlff's intestate. executed to him mort
gage on his crop to be grown in 1894,
which mortgage was registered on Jan.
Is, 1894; and being also indebted to de-
PENDANTS to the amount of $126.19, and
desiring to obtain from them advances
to the amount of S195, to enable him to
make and gather his crop, executed to
defendants an agricultural lien under
the statute to the amount of $165, and
in the same instrument made a chattel
mortgage on his crop and other property
to secure the S126 10 which instrument
was registered on Jan. 1894; Held, that
the clause in the instrument executed to
the defendants: "There is no incum-
brance on said personal property, except
| that | am to pay j. S. Brassfield out OF
crop $116, and interest on same from
Dec. 25th, a893," makes lien on the
crop to be paid out of the crop, and
when the defendants accepted this con-
veyance with this provision in it, they
accepted it as trustees and are bound to
carsy out the trust.
No error.
In re the will of Frank Palmer, from
Wake county. Opinion by Mont
gomery, j.
/. After a will has been admitted to
| probate in common form and letters
testamentary issued to the executor, the
Clerk Of the Superior Court cannot re-
move such executor and appoint col
lector for the estate without hearing
based upon notice to show cause why be
should not be removed.
Q. In such case it is the duty of the
Clerk, upon the caveators giving the
bond required of them by law, to trans
| fer the case to the Superior Court fol-
| trial, and also to issue an order to the
executor, requiring him to preserve the
property and collect the debts of the
defendant until the issue of devisayit
vel non should be determined.
No error.
State VS.. George Darden ct ell, appel
lants) from Pitt county. Opinion By
Clark, j.
/. Where an indictment on its face
was good and sufficient as charge fol
stealing the temporary use of horse,
the addition OF the buggy does not viii.
ate the indictment as to the horse, but
was simply harmless surplusage SO far az
| the face of the Indictment goes.
Q. Where sufficient matter appears in
the bill to enable the Court to proceed
to judgment, the Code, sect. 1888 for
bids an arrest of judgment.
| No error.
In re James s. Caldwell, from Guilford
county. Per curtain.
Rule to show cause why order to grant
license to practice law should not be re-
voked because of his failure to pay the
tax due the State. Rule discharged upon
payment of costs, it being made to ap-
pear that the said State tax was paid
since the issuance of the notice to show
| cause.