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In Re Bailey
103 S.E. 896
N.C.
1920
Check Treatment
Ciase, C. J.

Tbеre^ were no assignments of errоr filed by Cora ‍‌‌​‌‌​​​​‌​​​​‌‌‌‌​​​​​‌​‌​‌​‌‌​‌​​‌​​‌​‌‌‌​​‌​‌‍Wilson, as required by rules 19 (2) and 21, 174 N. C., 832, 833; Lee v. Baird, 146 N. C., 361, and numerous cases since. Alsо, there was no brief filed for her, in tbе time required ‍‌‌​‌‌​​​​‌​​​​‌‌‌‌​​​​​‌​‌​‌​‌‌​‌​​‌​​‌​‌‌‌​​‌​‌‍by rule 34, and tbe motion by appellee to affirm tbe judgment as to her is allowed.

In tbe appeal of William Bailey, tbe first assignment of error is tbe admission of tbе declarations to tbe witness Woodruff by Ellen Bailey that tbe paper-writing of 26 March, 1914, was a forgery, ‍‌‌​‌‌​​​​‌​​​​‌‌‌‌​​​​​‌​‌​‌​‌‌​‌​​‌​​‌​‌‌‌​​‌​‌‍and she bad never signed tbe same. It purported to be executеd by making her mark, and this declaratiоn was competent to rebut tbе evidence offered by William Bаiley in its support. In re Wellborn, 165 N. C., 641; In re Shelton, 143 N. C., 220; Reel v. Reel, 8 N. C., 248.

Tbe second assignment of error that tbe court allowed Cora Wilson to introduce as evidence sundry letters ‍‌‌​‌‌​​​​‌​​​​‌‌‌‌​​​​​‌​‌​‌​‌‌​‌​​‌​​‌​‌‌‌​​‌​‌‍of Ellen Bailey cannot be sustained, for tbe record does not disclоse tbe contents of tbe letters.

Tbe third assignment of error is to tbe сharge that if tbe jury find that both paper-writings were legally and proрerly executed by Ellen Bailey; that tbe paper-writing propоunded by Cora Wilson ‍‌‌​‌‌​​​​‌​​​​‌‌‌‌​​​​​‌​‌​‌​‌‌​‌​​‌​​‌​‌‌‌​​‌​‌‍was tbe last will and tеstament of Ellen Bailey, because it was of later date than thаt propounded by William Bailey, has no foundation, because tbe jury found that both were forgeries.

Tbе fourth assignment of error, that tbe court refused to set aside tbe verdict when requested to do so by аll parties at that time, cannot be sustained. In Kenny v. R. R., 165 N. C., 104, tbe Court held that the. рarties have a right before triаl to settle their differences by аgreement and compromise, but, after tbe return of tbe verdict, tbe court, in its discretion, may refuse, tо try tbe case over again although tbe parties consent fоr a new trial, for courts of justice cannot be turned into moot courts.

No error.

Case Details

Case Name: In Re Bailey
Court Name: Supreme Court of North Carolina
Date Published: Sep 15, 1920
Citation: 103 S.E. 896
Court Abbreviation: N.C.
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