McDonald v. MacArthur Bros.
Supreme Court of North Carolina
Appeal by plaintiff from G. W. Ward, J., at the May Special Term, 1910, of McDowell. The facts are sufficiently stated in the opinion of Mr. Chief Justice Clark.
1Opinion of the Court
Claek, C. L.
The plaintiff rests his appeal upon one exception. In charging the jury his Honor used this language: “I am not sure, and I frankly confess that I am not sure, that I understand fully the claim upon which the plaintiff bases the eleven thousand and some odd dollars.” The plaintiff contends that this is an expression of opinion by the judge upon the facts, which was forbidden by the act of 1796, ch. 452, now Rev., 535. That statute provides: “No judge in giving a charge to the petty jury, either in a civil or criminal action, shdll give an opinion whether a fact is fully or…
2Cases cited1 opinion
- Powell v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1873
3Cited by7 opinions
- Kanoy v. HinshawSupreme Court of North Carolina · 1968
- McNinch v. . Trust Co.Supreme Court of North Carolina · 1922
- McNinch v. American Trust Co.Supreme Court of North Carolina · 1922
- Tallassee Power Co. v. PeacockSupreme Court of North Carolina · 1929
- Little v. GRUBB OIL COMPANYCourt of Appeals of North Carolina · 1971
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