Wilson v. Branning Manufacturing Co.
Supreme Court of North Carolina
Civil actioN, tried before Robinson, J., at Fall Term, 1896, of Beetle Superior Court. The action was for timber cut by defendant from land theretofore cultivated and not included in a contract be-tw een the parties. There was evidence on the part of plaintiff tending to show that its trees were cut from lands thal had been cultivated, known as the “Barnes Old Field” and “ Beaver Dam Old Field.”
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Civil actioN, tried before Robinson, J., at Fall Term, 1896, of Beetle Superior Court. The action was for timber cut by defendant from land theretofore cultivated and not included in a contract be-tw een the parties. There was evidence on the part of plaintiff tending to show that its trees were cut from lands thal had been cultivated, known as the “Barnes Old Field” and “ Beaver Dam Old Field.” The evidence of defendant tended to show that the trees had been cut from land that had never been cultivated. The plaintiff introduced as a witness one Britton Outlaw, whose testimony was objected to…
1Opinion of the Court
Clark, J.:
It is settled by the uniform decisions of this court that the trial judge “may correct a slip by withdrawing improper evidence from the consideration of the jury, or by giving such instructions as will prevent it from misleading the jury.” Ruffin, J., in McAllister v. McAllister, 3 4 N. C., 184, cited and approved by Ashe, J., in State v. Collins, 93 N. C., 564, and Smith, C. J., in State v. McNair. 93 N. C., 628. To the same purport — State v. May, 15 N. C., 328; State v. Davis, 15 N. C., 612; Bridgers v. Bill, 97 N. C., 222; State v. Eller, 104 N. C., 853, and State v. Crane, 110…
2Cases cited6 opinions
- State v. . McNairSupreme Court of North Carolina · 1885
- State v. . CraneSupreme Court of North Carolina · 1892
- State v. . MaySupreme Court of North Carolina · 1833
- Bridgers v. . DillSupreme Court of North Carolina · 1887
- State v. . CollinsSupreme Court of North Carolina · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State v. NoellSupreme Court of North Carolina · 1974
- State v. BruceSupreme Court of North Carolina · 1966
- State v. SpauldingSupreme Court of North Carolina · 1975
- State v. . RaySupreme Court of North Carolina · 1938
- State v. SelfSupreme Court of North Carolina · 1972
16 more not listed; retrieve them via the Exa API.