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Hood ex rel. Page Trust Co. v. Johnson

GURNEY P. HOOD, Commissioner of Banks, Ex Rel. PAGE TRUST COMPANY, v. CHARLES E. JOHNSON and HAMLET ICE COMPANY

Hood ex rel. Page Trust Co. v. Johnson, 182 S.E. 708 (N.C. 1935)
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Court
Supreme Court of North Carolina · State Highest Courts
Decided
December 11, 1935
Judges
PER CURIAM.
Citations
182 S.E. 708209 N.C. 1121935 N.C. LEXIS 39

Opinion of the Court — Per Curiam

Per Curiam.

The plaintiff and defendants in the agreed statement of facts have this: “The plaintiff and defendants respectfully agree that the facts relative to this controversy, in addition to those admitted in the pleadings, are as follows,” setting same forth.

This case was remanded that it be determined on “the agreed statement of facts” — 208 N. 0., 77. In the present ease the court below submitted the following issue to the jury:

“Was the note described in paragraph 5 of the complaint a renewal of the note described in paragraph 4 of the complaint?” The jury answered the issue “Yes.”

The court below rendered judgment for plaintiff on the verdict. The defendants excepted and assigned error to the submission of the issue. We think defendants’ exception and assignment of error must be sustained. The parties to the controversy have agreed to the statement of facts. The court below should render judgment on this agreed statement of facts. Like any other agreement, it stands unless set aside for mutual mistake or fraud.

Error and remanded.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1954: 11955: 11977: 21982: 119542026peak 1977 · 2

Relies on it most ⓘ

  1. McGowan v. Beach86 S.E.2d 763 (N.C. 1955)
  2. Whitley's Electric Service, Inc. v. Sherrod238 S.E.2d 607 (N.C. 1977)
  3. Edwards v. City of Raleigh81 S.E.2d 273 (N.C. 1954)
  4. Wells v. Barefoot286 S.E.2d 625 (N.C. Ct. App. 1982)
  5. Whitley's Electric Service, Inc. v. Sherrod232 S.E.2d 223 (N.C. Ct. App. 1977)

Most recent

  1. Wells v. Barefoot286 S.E.2d 625 (N.C. Ct. App. 1982)
  2. Whitley's Electric Service, Inc. v. Sherrod238 S.E.2d 607 (N.C. 1977)
  3. Whitley's Electric Service, Inc. v. Sherrod232 S.E.2d 223 (N.C. Ct. App. 1977)
  4. McGowan v. Beach86 S.E.2d 763 (N.C. 1955)
  5. Edwards v. City of Raleigh81 S.E.2d 273 (N.C. 1954)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Hood, Comr. of Banks v. Johnson, 178 S.E. 855 (N.C. 1935) 3

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