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BROWN v. HODGES

No. 306.

65 S.E.2d 144 (1951)

233 N.C. 617

BROWN et al. v. HODGES et al.

Supreme Court of North Carolina.

May 23, 1951.

Attorney(s) appearing for the Case

Burke & Burke, North Wilkesboro, Trivette, Holshouser & Mitchell, North Wilkesboro and Boone, for plaintiffs appellees.

Bowie & Bowie, West Jefferson, Higgins & McMichael, Winston-Salem, for defendants appellants.

WINBORNE, Justice.

"Every opinion, to be correctly understood, ought to be considered with a view to the case in which it was delivered",—so declared Chief Justice Marshall, writing in 1807 in U. S. v. Burr, 4 Cranch 470, at page 482. And the rule has been expressed in opinions in cases before this Court, among which are these: Nantahala Power & Light Co. v. Moss, 220 N.C. 200, 17 S.E.2d 10; State v. Utley, 223 N.C. 39, 25 S.E.2d 195; State v. Boyd, 223...

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