Posey v. . Patton
Supreme Court of North Carolina
This was a civil actioN, tried before Hoke, J., at Spring Term, 1891, of the Superior Court of HendersoN County. There were no exceptions to the charge or to the evidence. After the Court had concluded the charge, and as the jury were about to retire, the defendant’s counsel preferred a written request for instructions, and excepted because the same were not given.
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This was a civil actioN, tried before Hoke, J., at Spring Term, 1891, of the Superior Court of HendersoN County. There were no exceptions to the charge or to the evidence. After the Court had concluded the charge, and as the jury were about to retire, the defendant’s counsel preferred a written request for instructions, and excepted because the same were not given. The Court remarked that the charge had already been given in substance, and declined to further charge the jury on the subject. Defendant excepted. As the evidence progressed, the Court made a memorandum, in pencil, in small…
1Opinion of the Court
Clakk, J.:
The prayer for instructions came too late. It should have been asked at or before the close of the evidence. The Code, §§ 414, 415; Powell v. Railroad, 68 N. C., 395; Davis v. Council, 92 N. C., 725; State v. Rowe, 98 N. C., 629; Taylor v. Plummer, 105 N. C , 56; Marsh v. Richardson, 106 N. C., 548; Grubbs v. Insurance Co., 108 N. C., 472. This is a just and reasonable requirement. It is not fair to the opposite party to ask the Judge, at such a late moment, for an instruction to be given or refused, hastily perhaps, at the peril of a new trial with the consequent expense to…
2Cases cited10 opinions
- Lowe v. . ElliottSupreme Court of North Carolina · 1890
- Grubbs v. North Carolina Home InsuranceSupreme Court of North Carolina · 1891
- Boon v. . MurphySupreme Court of North Carolina · 1891
- State v. . RoweSupreme Court of North Carolina · 1887
- State v. . BallardSupreme Court of North Carolina · 1878
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3Cited by14 opinions
- Robinson v. Seaboard System RR, Inc.Court of Appeals of North Carolina · 1987
- State v. . StephensonSupreme Court of North Carolina · 1940
- Call v. StroudSupreme Court of North Carolina · 1950
- State Ex Rel. Merrell v. WhitmireSupreme Court of North Carolina · 1892
- Buck v. People's Street Railway & Electric Light & Power Co.Supreme Court of Missouri · 1891
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