Merony v. . McIntyre
Supreme Court of North Carolina
Civil ActioN tried at Fall Term, 1879, of Rowan Superior Court, before Gilmer, J. It is alleged in the complaint that plaintiff recovered several justice’s judgments against the defendant, McIntyre, amounting in all to $558.75, principal money, and caused executions to be issued thereon which were returned nulla bona; that McIntyre, after becoming thus indebted to plaintiff', purchased of one West a house and lot for five hundred dollars, and paid the money and procured the…
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Civil ActioN tried at Fall Term, 1879, of Rowan Superior Court, before Gilmer, J. It is alleged in the complaint that plaintiff recovered several justice’s judgments against the defendant, McIntyre, amounting in all to $558.75, principal money, and caused executions to be issued thereon which were returned nulla bona; that McIntyre, after becoming thus indebted to plaintiff', purchased of one West a house and lot for five hundred dollars, and paid the money and procured the deed to be made to his co defendant, Jennie Finger, without any valuable consideration moving from her, and that…
1Opinion of the Court
Dillard, J.,
after stating the case. The error assigned questions the right of the court below under the established rules and practice of the courts to grant a new trial as to one of the issues, leaving the verdict to stand as to the others.
It is not necessary that we go into the inquiry whether the change of the finding from a negative to an affirmative response on the second issue by the jury in consequence of the conversation of one of the jurors with the plaintiff’s counsel, and on suggestion to that effect, vitiated the verdict and required the court as a matter of law to set it aside in…
2Cases cited1 opinion
- Holmes v. . GodwinSupreme Court of North Carolina · 1874
3Cited by7 opinions
- Lake v. BenderNevada Supreme Court · 1884
- Benton v. . CollinsSupreme Court of North Carolina · 1899
- Burton v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1881
- Strother v. Aberdeen & Ashboro RailroadSupreme Court of North Carolina · 1898
- McMillan v. . BakerSupreme Court of North Carolina · 1885
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