Davidson v. . Davidson , 8 N.C. 163 ( 1820 )

I cannot better express by opinion than by using the words of a celebrated English Judge: The construction outrages grammar, and what is worse, it outrages common sense; it is a bitter pill, but we must swallow it because others have done the same"; we are bound to follow and not to lead. The judicial construction put upon the words is too uniform and of too long continuance now to be altered. It would unsettle too much property, and open the door for a flood of litigation. I am therefore bound to say, that the demurrer be sustained and the bill dismissed with costs.

Cited: Brown v. Brown, 25 N.C. 136; Weatherly v. Armfield, 30 N.C. 26;Gibson v. Gibson, 49 N.C. 427; Leathers v. Gray, 101 N.C. 164.

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