Black v. . Black
Supreme Court of North Carolina
This was a civil ACTION, tried at the August Term, 1891, of MecicleNBURG Superior Court, before Hoke, J. The action was brought to recover damages, which plaintiff alleges he sustained by reason of the deceit of the defendant in respect to a mule which the plaintiff took from him in exchange for a horse. The pleadings raised issues of fact. The verdict of the jury was favorable to the plaintiff, and the Court gave judgment in his favor.
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This was a civil ACTION, tried at the August Term, 1891, of MecicleNBURG Superior Court, before Hoke, J. The action was brought to recover damages, which plaintiff alleges he sustained by reason of the deceit of the defendant in respect to a mule which the plaintiff took from him in exchange for a horse. The pleadings raised issues of fact. The verdict of the jury was favorable to the plaintiff, and the Court gave judgment in his favor. The defendant having assigned error, appealed.
1Opinion of the Court
Merrimon, C. J.;
The issues tendered by the defendant were appropriate, but the substance of them was sufficiently embodied in those submitted to the jury. The latter, though unnecessarily multiplied, served to ascertain and settle the material facts in controversy; they were simple, did not necessarily' confuse the jury, nor can we see that the defendant suffered prejudice from them. The issues raised by the pleadings were, in substance, submitted, though not in the most direct form. They afforded the parties, respectively, opportunity to introduce all pertinent evidence and apply it fairly…
2Cases cited1 opinion
- Black v. . BlackSupreme Court of North Carolina · 1892
3Cited by13 opinions
- Fields v. . BrownSupreme Court of North Carolina · 1912
- Tuttle v. TuttleSupreme Court of North Carolina · 1907
- Robertson v. HaltonSupreme Court of North Carolina · 1911
- Patton v. . GarrettSupreme Court of North Carolina · 1895
- American Lumber Co. v. Quiett Manufacturing Co.Supreme Court of North Carolina · 1913
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