Page:The Green Bag (1889–1914), Volume 04.pdf/615

N. C. 27, which holds that if a reference is increase of the latter are not exempt from compulsory the objecting party is entitled execution. Doggett v R. R., 78 N. C. 305, notwithstanding to a jury trial of the issues is an interesting discussion of negligence arising on the pleadings, —■ altier if the refer and damages therefor, when proximate and ence is by consent. In re Schenck, 74 N. C. when remote. Mizell v. Simmons, 79 N. C. 607, holds that the writ of Habeas Corpus does 182, is an instructive case upon boundary, not lie for one imprisoned by the final judg course, distances, and description of land. ment of a court of competent jurisdiction, Manning v. Manning, 79 N. C. 293 and 300, even where the judgment is erroneous. The is an action of ejectment brought by the

remedy is by certiorari. wife against her hus If such plain provi band. The questions sions of law were not involved are novel, overlooked, we should and the opinion shows not have the scandal careful consideration of subordinate Federal of the subject. judges using the writ Judge Bynum mar of Habeas Corpus to ried the sister of Judge bring before them W. M. Shipp, and is selves cases which uncle to Judge Jno. should regularly go up* Gray Bynum, both of to the United States the Superior Court bench. He is a near Supreme Court by relative of Senator writ of error to the Wade Hampton. His highest State court. elder brother was John Huffman v. Click, 77 N. C. 55, holds that Gray Bynum, whose widow married Chiefmedical books are not admissible in evidence, Justice Pearson. He has one son, Rev. W. and that counsel can not read extracts from S. Bynum, of the Epis copal church. Judge them as part of his Bynum had no suc speech, — aliter as to cessor to the seat he books upon the " ex J. J. DAVIS. filled, as at the expi act sciences." State ration of his term the v. Turpin holds that in a trial for murder the character of the de constitutional amendment went into effect ceased for violence is competent if there is reducing the Supreme Court judges to three evidence tending to prove self-defence, or if in number. William Turner Faircloth was born in the evidence is circumstantial and the nature Edgecombe County, N. C, Jan. 8, 1829. He of the transaction is in doubt. This sus tained the dissenting opinion of Battle, J., in graduated at Wake Forest College. 1854, State v. Barfield, and is now held settled law. with distinction. His means being limited, State v. Morris, 77 N. C. 512, discusses the he taught school in vacation, and thus right of the legislature to repeal or modify earned a large part of the means to pay his charters and to revoke licenses. Citizen's expenses at college. He studied law with National Bank v. Green, 78 N. C. 247, holds Judge Pearson, and was admitted to practice that the income from the homestead and Jan. 1, 1856, and was almost immediately personal property exemption and the natural elected County Solicitor. In May, 1856, he