A Digest of All the Reported Cases, Both in Law and Equity, Determined in the Courts of North Carolina: Commencing With Phillips' Law Reports and ... 70th North Carolina Reports (Classic Reprint)
(Excerpt from A Digest of All the Reported Cases, Both in ...)
Excerpt from A Digest of All the Reported Cases, Both in Law and Equity, Determined in the Courts of North Carolina: Commencing With Phillips' Law Reports and Phillips' Equity Reports, and Ending With the 70th North Carolina Reports
The principle is too well established and too long ac quiesced in to be disturbed, that an agreement by a creditor to receive a part in discharge of the whole of a debt due to him by a single bill, is without consideration and therefore void. Mckenzie V. Culbrcth, 66 N. C. R. 534.
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Address Delivered Before the Two Literary Societies of the University of North Carolina, June 1st, 1865
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A Report Of The Proceedings In The Habeas Corpus Cases: On The Petitions Of Adolphus G. Moore And Others, And Of John Kerr And Others, Before The Chief Justice Of The Supreme Court Of North Carolina
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This work has been selected by scholars as being cultura...)
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This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.
As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
William Horn Battle was an American jurist and law professor who served on the North Carolina Supreme Court.
Background
William Horn Battle was born on October 17, 1802, in Edgecombe County, North Carolina, the son of Joel Battle of North Carolina and grandson of Elisha Battle of Virginia. Joel Battle built and operated one of the first cotton mills in the S. He married Mary P. Johnson of Edgecombe. William H. Battle was the eldest of a large family including six sons.
Education
William Battle entered the sophomore class of the University of North Carolina and graduated in two years, as valedictorian, at the age of eighteen. He immediately began the study of law with Chief Justice Henderson of North Carolina, and continued for three years, acting as the amanuensis of his teacher. William was admitted to the bar in 1825, examination being waived by recommendation of Justice Henderson.
Career
William Battle settled to practise law in Louisburg, North Carolina in 1825. He was not an orator or impressive as a criminal lawyer, and his success at his profession came slowly. He employed his leisure in intensive study of law, and in editing the North Carolina Reports from 1789 to 1798. The older edition of these was exhausted, and the confusion due to new laws conflicting with ancient English statutes was reconciled by Battle's comment in this edition. In 1833-34, after two previous defeats, he represented his county in the North Carolina House of Commons, although he was in politics a "Henry Clay Whig" and his county was overwhelmingly Democrat. He moved to Raleigh and was a supreme court reporter, 1834-39 inclusive. In 1833 he was appointed with two others to revise the statutes of North Carolina; the revision was published in 1837. In 1839 he was a delegate to the Whig national convention which nominated Harrison. The next year he was appointed judge of the superior court of North Carolina by the Governor.
In 1843 William Battle decided to remove to Chapel Hill, North Carolina, the seat of the University, to educate his sons, and in 1845 he became trustee-professor of law there, serving continuously without compensation until the closing of the institution in 1868. In 1852 he was elected associate justice of the supreme court of North Carolina, which office he filled until 1868 when the state government was overthrown under Act of Congress, March 1867. He left Chapel Hill to return to Raleigh in 1868, where he practised law with two of his sons. The legislature of 1872-73 chose him to revise the statutes of North Carolina a second time. He did this unaided and hurriedly - a great task for anyone man. He said that this work was not so well done as he could wish. At this period he was president of the Raleigh National Bank for several years. His wife died in 1874, and returning to Chapel Hill in 1876, he latterly made his home with his son Kemp P. Battle, then president of the reopened University of North Carolina. He died in 1879 and was buried in Raleigh, North Carolina. Beside his legal writings, he published in the University of North Carolina Magazine before the war short memoirs of early justices of the supreme court of North Carolina - Taylor, Haywood, Gaston, and Henderson - also reminiscences of early days at the University. William Battle died at the age of 76 in Chapel Hill, North Carolina.
Achievements
William Battle served as judge on the Supreme Court (1852-1868).
Battle did great job revising the statutes of North Carolina (1833-1837, 1872-1873).
William Battle served as president of the Raleigh National Bank.
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Religion
William Battle was a life-long Episcopalian, a leading layman of his church, attending its conventions for twenty-five consecutive years.
Membership
William Battle was a member of the North Carolina House of Commons representing Franklin County.
Personality
William Battle was a small man in stature, a cheerful and friendly person in disposition. Very modest, laborious, and learned in the law, he was not in any way spectacular, but highly esteemed and respected.
Connections
In 1825 William Battle married Lucy M. Plummer of Warrenton, North Carolina. His wife died in 1874.
Father:
Joel Battle
He built and operated one of the first cotton mills in the South.