Legal Opinion

Benton v. Collins

Supreme Court of North Carolina

Decided September 15, 1897PublishedCited by 2 opinions

Civil ACTION for damages, tried before Timberlake, J., and a jury, at April Term, 1897, of FeakkliN Superior Court. From au order of Plis Honor setting aside the verdict on the issue of damages and awarding a new trial, the defendant appealed.

1Opinion of the Court

Faircloth, C. J.:

A verdict was recorded on all the issues submitted. On motion of the plaintiff the court set aside the verdict on the issue of damages and awarded a new trial on that issue. The defendant excepted to this ruling and order, and appealed to this court.

The appeal is premature.’ He should have noted his exception and proceeded with the trial and brought the whole case to -this court on final judgment. This course would not affect any substantial right. This question has been so often decided as to need only a reference to Hilliard v. Oram, 106 N. C., 467, and the numerous cases…

2Cases cited1 opinion

  1. Hilliard v. . OramSupreme Court of North Carolina · 1890

3Cited by2 opinions

  1. Veazey v. City of DurhamSupreme Court of North Carolina · 1950
  2. Billings v. Charlotte ObserverSupreme Court of North Carolina · 1909

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