The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1895-04-09
NOW BUSINESS CAN GO nn
The Supreme Court Puts a Quietus
the Assignment Mortgage Law W

1871 NCCH nL
upon the law regulating assignmapt''
and now you can make or take mo-
cages just rs you did before, but dow
make any if you can help it.
A case was started at Durham a 70.
days ago to test the legality and mes,
ing of the new law regulating assign
ments. It is true that the bill W.,
tabled in the House and it appears tho
it was never introduced in the Senst,
at all. Yet a similar bill was ''stamna1S
through and turned up signed by Lien.
tenant Governor D oughtonand Speak,,
Walser, who, of course, signed it .,
they did other bills, believing it legeIv
passed.
The case from Durham was entitled.
"Farthing VS.. Darlington" Boone 3
Boone appearing for the plaintiff And
Fuller, Winston & Fuller for thu
defendant. It came up Friday. Chief
Justice Faircloth, Justices Montgomerv
and Furches rendered decision, which
in substance, is that the bill does not
apply to mortgages given for supplies
cash advanced, or any business trans.
action. Judge Clark concurred in the
construction put upon the act, but dis
dlssented as to the manner in which
the suit was brought. Judge Averv
dissented all around.
The opinions handed down by The
four concurring judges will be found
below:
North Carolina Supreme Court: Feb.
ruary Term, 1895. No. 1913, Durham
county. G. @. Farthing, appellant
VS.. W. T. Darlington ct al. Boone
Boone for plaintiff, Fuller, Winston
& Fuller for defendant.
MONTGOMERY, J.. This case was sub.
mitted to the court below under &c.,
ton 567 of the Code, and is here BY
appeal. This section of the Code
answers a most excellent and useful
purpose, in that it enables parties to
have their questions in difference set
tied upon an agreed state of facts
without delay and without the cost Of
witnesses and a trial below. It disre
CARDS forms, a. such, and the perplez
tiles of pleadings. It requires only that
by affidavit, it shall be made to 3D.
pear that a real case exists and that
the controversy is submitted in good
faith to determine the rights of the
parties. One of the long standing
rules of parties of this court, number
10 provides that, "when by consentu
counsel it is desired to submit a case
without oral argument, the court will
receive printed arguments without re.
gard to the number of case on the
docket, or date of docketing the ap
peal" Rule -, among other things
provides that the court at the instance
of a party to a cause directly involV.
ing a matter of great public interest
may assign al earlier place in the CAL
endar or fix a day for the argument
threof, which shall take precedencod
other business. Under these rules We
have felt it to be our duty to give an
early hearing to the matters involved
in the case before us, because of is
public and general interest.
Upon examination of the proceeding
before us, we are not satisfied that The
facts are stated with sufficient fullnagg
to entirely comply with the statute ur
der which the matter is submitted; but
the question of law which is submitM
is presented with entire d~istinctnes
And while ordinarily we might dismiss
the proceeding because the case is not
full enough as to it's statement of faCG
yet where a matter involves a great
public interest, as does this matter, We
have concluded to follow a late prece
dent Of this court. "Treat the case a
in the nature of a submission of The
controversy without a formal action
The precedent to which we refer viii
be found in Appendix ga" ia NC
Reports, and is as follows:
Here follows the letter of the Sa
preme Court of North Carolina to The
in reference to the tenured
Office OF the judges. The New8 and
Observer took pains to leave this corS
spondence out, but took pains alSob
publish Judge Avery's dissenting opH
l0n' which made such correspondents
50 material. We will publish the cor
respondence and Judge Avery's dF
sentlng opinion in full next week, 70
.ether with some interesting facts
EDITOR.
The controversy arises upon a sts
OF facts which brings before us thecoT