The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-22
SUPREME COURT DECISIONS.
PRICE VS.. STANLEY. No error.


Malicious prosecution probable cause.
Where there is conviction of tres
pass in a Justices court having jurisdic-
ton of the offence and the defendant
is bound over to the Superior court, "
where mol pros was entered, it is held
that probable cause for the prosecution
is thereby established and an action for
malicious prosecution does not lie.
FLOYD VS.. ROCK. no error.
Partition.
Partition proceedings can be impeach-
ed only for mistake, fraud or collision
and if no exceptions to the commissions
ers report are filed within twenty days
after. the report is filed the report will
be confirmed. Code Sec 1896.
STATE VS.. ROGERS, EFT AL. At
firmed.
Intimidation of Voter
An Indictment does not lie under, Sec
ton 2,715 of The Gods for expelling a
member from church by reason of the
political ballot cast by such member.
COOPER VS.. JONES. Error
Statute of Limitations-New Promise.
After cause is barred it cannot be
revived except by strict and full COM
pliance with the statute permitting it,
An acknowledgement and promise, in
order to sustain an action under Sec
tion liz of The Code, must be express,
specific and unconditional.
The language in two letters, You
have my due bill AMI / am going to
pay it as soon as / possibly CAM and
as soon as | can, am going to settle
all of my indebtedness, do not consti-
tute new promise. Taylor VS.. Mil
Ter, 113 N. C. $40 distinguished.
MOODY VS.. safes PRISON. At
firmed.
The States Prison being an agency of
the State, can be sued only when ex-
pressly authorized ard is not liable to
an action for tort
The general authority conferred upon
corporations by Section 663 of The Code
Ito sue and be sued", has no reference
to corporations which are governmental
agencies.
STATE HOSPITAL IS. FOUNTAIN.
Reversed.
Insane Asylums.
The constitutional provision requir-
ing the Legislature. in its discretion to
provide for the INDECENT insane of the
State, is construed not to mean that
the insane of the State who are able
to pay for their care shall be treated
in the Insane Asylunts free of charge.
BATS V. BATS. No error
Exception in Deed-Burden of Proof
Where one claims under a deed which
excerpts certain portion of the land
embraced within the calls of the deed the
burden is upon him to prove his eonten-
tion that the locus in quo was not within
the exception. Gudger v. Hensley. 80
n. c.. 4S1; Iron Co. v. Edwards, 10 N
O., 353.
MANUFACTURING co. V. HOBBS. AZ
frmed.
Term OF Years-Contract.
An Indispensable legal requirement to
the creation of a lease or a term of years
is that it shall have a certain beginning
and certain end.
A contract providing that the plaintiff
shall have "the full term of five years
within to cut and remove the timber
thereby conveyed, said term to commence
from the time said party of the second
part begins to manufacture said timber
into wood or lumber" was held void for
uncertainty as to the beginning of the
terms, and the plaintiff having allowed
thirteen years to elapse before cutting
the timber conveyed by the contract, his
rights hereunder have been lost
The Supreme court will render such
judgment as shall appear to be proper
from inspection of the whole record Code
Sec. 957.
IN RE SHEPARD'S WILL. New trial
Wills.
Where script purporting to be will
was found in book beneath a bureau in
the room where deceased died, the book
containing valuable memoranda of de-
ceased and the evidence being that the
book was heretofore found in the bed
with deceased after his death and placed
upon bureau in his room; that the
book had been kept in a box on table
within reach of the deceased during his
last sickness; that the box also contained
the deeds of deceased and that the box
having been removed from the room, de-
ceased caused the book which contained
the script to be returned to him and kept
the book in his immediate possession
until his death; Held that such evidence
was sufficient to go to the Jury upon
the question whether or not deceased
regarded the script "as a valuable paper
and desired it to take effect as his will
and the trial Judge committed error in
charging the jury that the finding of the
script did not constitute finding "among
the valuable papers and effects Of Hughes
V. Smith. 81 ". c., 493 Winstead " Bow
man. 6S N. c., 10; Brown " Eaton. 81
~ c., 26.