Craddock v. Barnes
Supreme Court of North Carolina
PROCEEDING- for partition by H. D. Craddock against Priscilla Barnes, beard by Judge T. J. Bhaw and a jury, at the Pali Term, 1905, of the Superior Court of Washington, upon issues transferred from the Clerk.
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PROCEEDING- for partition by H. D. Craddock against Priscilla Barnes, beard by Judge T. J. Bhaw and a jury, at the Pali Term, 1905, of the Superior Court of Washington, upon issues transferred from the Clerk. There was evidence for the plaintiff to the effect that the defendant agreed to sell and convey to him a one-half undivided interest in a tract of land for $300, and that in addition to- the payment of this sum the plaintiff agreed to give the defendant “a ten-dollar dress and one-half of the pine trees on the land and build .a wire fence on her part of the land.” That defendant signed…
1Concurrence
CLARar, O. J.,
concurring: The practice has been too long and too' well settled to> be now questioned that “prayers for instructions must be asked at the close of the evidence. They *99can be .asked afterwards only by leave of the Court.” Powell v. Railroad, 68 N. C., 395; Davis v. Council, 92 N. C., 725 ; State v. Rowe, 98 N. C., 629 ; Taylor v. Plummer, 105 N. C., 56; Marsh v. Richardson, 106 N. C., 548; Grubbs v. Ins. Co., 108 N. C., 472; Posey v. Patton, 109 N. C., 455; Blackburn v. Fair, id., 465; Merrell v. Whitmire, 110 N. C., 367; Ward v. Railroad, 112 N. C., 168; Lullrell v. Martin, id.,…
2Cases cited11 opinions
- Taylor v. . PlummerSupreme Court of North Carolina · 1890
- Grubbs v. North Carolina Home InsuranceSupreme Court of North Carolina · 1891
- State v. HairstonSupreme Court of North Carolina · 1897
- State v. . RoweSupreme Court of North Carolina · 1887
- Powell v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1873
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