Opinion

Davidson v. Davidson's Executors

  • 8 N.C. 163
Court
Supreme Court of North Carolina
Filed
Dec 5, 1820
Status
Published
On the bench
Hail, HeNdersox, Tayrok
Cited by
2 cases
Authority
More cited than 42.5%

The opinion

I cannot better express by opinion than by using the words of a celebrated English Judge: The construction outrages grammar, and what is worse, it outrages common sense; it is a bitter pill, but we must swallow it because others have done the same"; we are bound to follow and not to lead. The judicial construction put upon the words is too uniform and *Page 91

of too long continuance now to be altered. It would unsettle too much property, and open the door for a flood of litigation. I am therefore bound to say, that the demurrer be sustained and the bill dismissed with costs.

Cited: Brown v. Brown , 25 N.C. 136 ; Weatherly v. Armfield , 30 N.C. 26 ; Gibson v. Gibson , 49 N.C. 427 ; Leathers v. Gray , 101 N.C. 164 .

(188)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.