I was concerned in the case at Salisbury to support the affirmative of the proposition, and have taken much pains to inform myself of the law, and I think it is as the Court decided here.
Cited : Leake v. Gilchrist, 13 N.C. 81; Morefield v. Harris,126 N.C. 627; Hall v. R. R., 146 N.C. 346. *Page 276
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