Mull v. . Martin
Supreme Court of North Carolina
Civil ActioN to recover land tried at Spring Term, 1881, of Burke Superior Court, before McKoy, J. The following issues were submitted to the jury: 1. Are the plaintiffs the owners of and entitled to the possession of the lands described in the complaint? Answer, they are. •2. Were the defendants in possession of the land and wrongfully withholding the same? Answer — they are in possession thereof.
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Civil ActioN to recover land tried at Spring Term, 1881, of Burke Superior Court, before McKoy, J. The following issues were submitted to the jury: 1. Are the plaintiffs the owners of and entitled to the possession of the lands described in the complaint? Answer, they are. •2. Were the defendants in possession of the land and wrongfully withholding the same? Answer — they are in possession thereof. (The same is admitted by the answer.) The jury found a verdict for the plaintiffs, judgment, appeal by defendants.
1Opinion of the CourtAshe, J.
This case is encumbered with a considerable mass of superfluous matter that has nothing to do with the points involved in the appeal. We have time and again admonished clerks and counsel that it is only necessary to send up so mueh of the record as is necessary to show the grounds of the exceptions, but in this case which is an appeal assigning errors in the charge of His Honor to the jury and' his ruling in exeluding evidence on the trial, the transcript contains all the affidavits and rulings of the court on a motion for an injunction, which have nothing to do with this appeal.'
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2Cited by10 opinions
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- O'Toole v. FaulknerWashington Supreme Court · 1904
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