University of North Carolina v. State National Bank
Supreme Court of North Carolina
Civil action, heard before Avery, Judge, and a jury, at February Term, 1884, of "Wake Superior Court. The parties entered upon the trial of the issues evolved out of the conflicting allegations contained in the pleadings, among which was an inquiry of the damages sustained by the plaintiff from the defendant’s conversion of the bonds in his custody by a sale, and his misappropriation of the proceeds to his own use.
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Civil action, heard before Avery, Judge, and a jury, at February Term, 1884, of "Wake Superior Court. The parties entered upon the trial of the issues evolved out of the conflicting allegations contained in the pleadings, among which was an inquiry of the damages sustained by the plaintiff from the defendant’s conversion of the bonds in his custody by a sale, and his misappropriation of the proceeds to his own use. This issue was by the Judge withdrawn from the jury, in order that, if rendered necessary by the other findings, it might become the subject of further reference and inquiry. After…
1Opinion of the CourtSjiith, C. J.
(after stating the facts). We have repeatedly ruled that under such circumstances, when a part of the issues or mat ters in dispute are passed on, and others material to a disposition of the cause, left open, an appeal was premature and would not be entertained. The cases are numerous to this effect and we are content to refer to some of them. Hines v. Hines, 84 N. C., 122; Commissioners v. Satchwell, 88 N. C., 1; Jones v. Call, 89 N. C., 188; Grant v. Reese, 90 N. C., 3; Arrington v. Arrington, 91 N. C., 301.
In accordance with these adjudications the appeal must be dismissed, and it is so…
2Cases cited5 opinions
- Hines v. . HinesSupreme Court of North Carolina · 1881
- Arrington v. . ArringtonSupreme Court of North Carolina · 1884
- Commissioners of Beaufort v. SatchwellSupreme Court of North Carolina · 1883
- Grant v. . ReeseSupreme Court of North Carolina · 1884
- Jones v. . CallSupreme Court of North Carolina · 1883
3Cited by3 opinions
- Blackwell v. . McCaineSupreme Court of North Carolina · 1890
- Hilliard v. . OramSupreme Court of North Carolina · 1890
- Goode v. . RogersSupreme Court of North Carolina · 1900