Newspapers / Daily Herald (Roanoke Rapids, … / June 15, 1933, edition 1 / Page 12
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SUPERIOR COURT IS ADJOURN’D Second Week Devoted To Trial Of Civil Cases; Court Is Adjourned Wednesday. PROCEEDINGS The second week of Superior Court convened Monday, June 12, this week to be devoted to trial of civil cases. Bunion Hunter, charged with as sault and reckless driving was instanti capis. Defendant was ord ered to pay costs at the rate of five dollars per month. Case was continued to Nov. Term, 1933. A true bill was found at this term against O’Neil Stanley, Le roy Prince and Flavius Clary, for store breaking and larceny. De fendant Stanley plead guilty. De fendants Prince and Clary plead not guilty. It was directed that ver dict be not guilty as to defendant Prince. Flavius Clary was found guilty. Leroy Prince and Flavius Clary, charged with store breaking and larceny, both plead not guilty. Both defendants were found guilty. The case of Flavius Clary and Leroy Prince, charged with store breaking and larceny on three other counts, was nol prossed with leave. A true bill was found at this term in the case of Royal Daniel, Jr., charged with larceny. The case was continued. Mary G. Von Eberstein was granted a divorce from William H. Von Eberstein. In the case of Guy W. Smith and Fritz Brinkley, charged with breaking and entering, Guy Smith plead guilty of receiving. Defendant Fritz Brinkley plead not guilty. He was found guilty, however, and sentenced to State’s Prison not less than two nor more than four years. The committment is to be accompanied with letter asking Superintendent to examine said defendant for mental defi ciency. It was ordered that de fendant Smith be confined in the State’s Prison for twelve months. Said sentence to begin at expira tion of sentence he is now serving. Execution of sentence suspended during good behavior for two years. It was ordered that upon capias from Cumberland county, the Sheriff of Halifax county deliv er Fritz Brinkley to him, together with the committment of said Brinkley to State Prison. Millard Lee, charged with as sault and who had appealed from Recorder’s Coui’t, plead not guil ty. Defendant was found not guil ty. Mrs. Rcsa Lee Wells, and her husband, B. F. Wells, who sued the Seaboard Air Line Railway Co., for damages caused by an accident in which the box step was placed in such a way that in a lighting from the train, Mrs. Wells’ foot slipped, causing her to fall violently against the train, injuring her seriously, were a warded $85.00 damages. Lillian K. Parks, after a sepa ration of two years, was granted an absolute divorce from Paul V. Parks, both of Enfield. It was ad judged that the plaintiff have the custody of Paul Parks, Jr. In the case of O Neil Stanley. Leroy Prince and Flavous Clary, charged with storebreaking and larceny, defendant Clary having been heretofore convicted at this term and the defendant Stanley having plead guilty, it was adjudg ed that Stanley be confined in the common jail for six months and assigned to work the roads under the supervision of the State High way Commission. Sentence sus pended upon good behavior for a period of two years. Clary was centenced to State’s Prison for not less than six months nor more than eight months at hard labor. In the case of Leroy Prince and Flavius Clary, charged with store breaking and larceny, both defend ants having been convicted at this term, it was adjudged that Prince be confined in the State’s Prison for not less than six nor more than eight months at hard labor. De fendant Clary was sentenced to State’s Prison for a period of six months at hard labor. Sentence to begin at expiration of sentence in former case. Sentence suspended as to Clary in this count on good behavior for a period of two years. The case of Ennis Bryan, Re ceiver for G. Hoffman and M. Hoffman, partners, vs. Mrs. E. H. Leggett was compromised. It was adjudged that the plaintiff recover of the defendant, Mrs. E. H. Leg gett, the sum of one hundred dol lars with interest from the first day of this term until paid, and the cost of this action. The case of Gurney P. Hood, Commissioner of Banks, vs. Bur ton Medicine Co., G. T. Vick, B. D. Burton, and D. S. Carr, being compromised, it was adjudged by the Court that the plaintiff re cover of the defendant, G. T. Vick, the sum of $25.00, and that the plaintiff pay the costs of this ac tion to be taxed by the Clerk. George C. Green recovered of N. L. Stedman $192.90 damages to car of plaintiff in an accident; to gether with costs. It was adjudged that J. H. Nor man, Jr., recover “nothing” from Frank Newsome and that the de fendant Frank Newsome recover of the plaintiff his costs. The question “Was the Plain tiff recklessly and wantonly in jm-ed by the defendants” in the case of Raymond R. Hawkins vs. M. A. Parker and W. J. Bartley, having been answered “No”, the plaintiff recovered nothing of de I SEE - YOU'RE SMOKING CAMELS NOW .. YES, MY ONLY REGRET IS i I DIDN'T START YEARS AGO! ^foui£-e^ij(nj Guntis aot&eiloflaccrt * fendants and the defendants recov ered of the plaintiff their costs in this action. In the case of Ennis Bryant, Re ceiver for M. Hoffman and Bro., vs. Jas. G. Shields, trading as Shields Commissary, upon motion of the Plaintiff it was ordered that this case be referred to Eric Nor fleet, of Jackson, N. C., as Ref eree, to hear and determine all matters in controversy of law and fact in this cause and repor; his finding to this court. To this order the defendant excepts and reserves his right to a jury trial. The case of Ennis Bryan, Receiv er for M. Hoffman and Brother vs. Mrs. Mollie T. Shields, J. C. Shields and W. M. Hancock, part ners trading as Shields & Hancock, was voluntarily non-suited. Leroy Prince, having Deen con victed at this term of the crime of storebreaking and larceny, it was ordered that judgment be amend ed to read as follows- "‘It is ord ered and adjudged that the de fendant, Leroy Prince be confined in the State’s Prison for a term of one year. Capias and commitment to the foregoing sentence shall not issue if the defendant is committed to the Eastern Caro'ina Training School for Boys, and shall there remain of good behavior, without any attempt to escape therefrom, and obedient to the rules and regulations of said institution, un til such time as he shall be dis charged therefrom, according to law. Upon the violation of the rules and regulations of the insti tution, or upon the escape from said institution, capias to issue im mediately for the said defendant, and the above sentence to go in to effect.” In the case of Dick Lyn. h vs. Wilkins Vaughan it was adjudged that the plaintiff recover the pos session of the Ford automobile described in claim and delivery pa pers, and also recover of the de fendant and J. C. Smith, surety On his replevin bond, the sum of Twenty Dollars damages for the wrongful detention of the said Ford automobile, together with the costs of this action. If for any rea son recovery cannot be had of the Ford automobile, it was further ordered that the plaintiff recover of the Defendant and his surety the sum of fifty dollars, together with the cost of this action. The case of N. Shaheen and Leo Shaheen, charged with larceny, was continued to August Term on payment of $6.00. The following cases were con tinued: R. L. Byrd vs. J. E. Barnes et al. A. M. Atkinson vs. Fayne & Williams. Weldon Oil Company vs. L. R. Pendergrass. Atlantic Joint Stock Land Bank vs. R. B. Josey, administrator. Jersey Cream Company vs. Caro lina Ice Company. N. W. Warren vs. Littleton Or ange Crush Bottling Company. Citizens Bank & Trust Company vs. W. S. Wood. Citizens Bank <fc Trust Company vs Mrs. Lillian V. Byrd. Louise J. Patterson vs. Franci^ F'. Patterson. J. E. Etheridge vs. Atlantic Coast Line Railroad Company. W. B. Simmons, administrator, vs. Metropolitan Life Insurance Company, Inc. Mrs. W. N. Bobbitt et al. vs. C. L. Turner. Court adjourned Wednesday at twelve o’clock, noon. NOTICE OF SALE OF REAL ESTATE Under and by virtue of the pow ers contained in that certain deed of trust executed by C. E. Mat thews, of Halifax County, North Carolina, to T. W. M. Long, Trus tee, on March 14th, 1929, which deed of trust appears of record in the office of the Register of Deeds for Halifax County, in Book 390, at page 322, which said mortgage was given for the balance due on the purchase price of certain prop erty therein contained, and de fault having been made in the payment thereof as in said deed of trust provided; NOW, THEREFORE, the under signed Trustee will, at 12:00 o’ clock Noon, on Wednesday, July 5, 1933 on the premises, sell to the high est bidder, for cash, the following described property: All those certain lots of land ly ing and situated and being in the county of Halifax and State of North Carolina, Roanoke Rapids Township, in the Town of Roanoke Rapids and being Lots Numbers 409, 411, 413, 415, 417, 419, 421, 423, 425, 427, 429, 431, 433, 435, 437, and 439, fronting thirty (30) feet each on West side of Char lotte Street. These lots were formerly owned by Virginia-Carolina Power Com pany, and known as part of the property of Roanoke Rapids Prop erties, Inc., as surveyed and plat ted by C. F. Gore, on January 11, 1929, plat of which is on record in Halifax County, Register of Deed’s office in Plat Book 2, Sec. A, at page 23, to which said plat reference is hereby made for a more perfect and complete des cription by metes and bounds. This the 15th day of May, 1933 T. W. M. LONG, Trustee. 4t-6-29 TDP-H.N.C. Low Round Trip Fare* To NORFOLK and PORTSMOUTH For All Trains Friday and Saturday —and— SUNDAY MORNING TRAINS From NOW until SEPTEMBER Good Returning Monday Round Trip From ^ O C Roanoke Rapids— ^ I ' Littleton and Weldon Seaboard Air Line Ry. 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Daily Herald (Roanoke Rapids, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
June 15, 1933, edition 1
12
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