Hemphill v. Morrison
Supreme Court of North Carolina
Civil actiox, tried before Bynum, J., and a jury, at December Term, 1892, of BuxeoMBE Superior Court. There was verdict and judgment for defendant, and plaintiff appealed. The essential facts are stated in the opinion of Associate Justice Clark.
1Opinion of the Court
Clark, J.:
There is no. exception set out in the case on appeal other than “To the whole of this charge the plaintiff excepted.” It does not affirmatively appear that there was not more than one proposition of law laid down in the charge, and this exception by the repeatedly repeated rulings of this Court cannot be considered (Hopkins v. Bowers, 111 N. C., 175; State v. Frizell, Ibid., 722), and there being no error apparent on the face of the record proper, the judgment is affirmed.
It is true that, as to the charge, the appellant can file exceptions within ten days, and when he has placed…
2Cases cited3 opinions
- Lowe v. . ElliottSupreme Court of North Carolina · 1890
- Hopkins v. . BowersSupreme Court of North Carolina · 1892
- State v. . PriceSupreme Court of North Carolina · 1892
3Cited by4 opinions
- Graham v. . EdwardsSupreme Court of North Carolina · 1894
- Hahn v. Brinson.Supreme Court of North Carolina · 1903
- Standard Mirror Co. v. Philadelphia Casualty Co.Supreme Court of North Carolina · 1911
- Mirror Co. v. . Casualty Co.Supreme Court of North Carolina · 1911