Doe on Dem. of Brown v. Kyle
Supreme Court of North Carolina
Ejectment tried before his Honor Judge Saundees, at the Pall Term, 1854, of Rowan Superior Court. The record in this case sets forth that the case was submitted to a jury : that the jury found a verdict for the plaintiff and assessed substantial damages ; then follows this entry: “The Court being of opinion with the defendant upon the •question of law reserved, directed the verdict to be set aside and a non-suit entered.
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Ejectment tried before his Honor Judge Saundees, at the Pall Term, 1854, of Rowan Superior Court. The record in this case sets forth that the case was submitted to a jury : that the jury found a verdict for the plaintiff and assessed substantial damages ; then follows this entry: “The Court being of opinion with the defendant upon the •question of law reserved, directed the verdict to be set aside and a non-suit entered. “From the above judgment tire plaintiff prayed an appeal to the Supreme Court.” No case was sent up by his Honor.
1Opinion of the CourtBattle, J.
The cáse of Dunett v. Barksdale, 2 Dev. Rep. 251, to which the plaintiff’s counsel has referred ns, is a direct authority in favor of the new trial for which he aslcs in the alternative, provided we do not give him the judgment for which he first moves. That judgment we cannot grant, for' the reason assigned by Hall, J., in delivering the opinion of the Court in the above-named case. From the records, says the Judge, “ it appears that the rights of the parties litigant depended upon a question reserved; and that question was submitted to this Court for its decision. To decide for either1 of…
2Cited by2 opinions
- Dunett v. . BarksdaleSupreme Court of North Carolina · 1829
- Honeycut v. . AngelSupreme Court of North Carolina · 1838