Legal Opinion

Blake v. . Smith

Supreme Court of North Carolina

Decided October 15, 1913PublishedCited by 12 opinions

Appeal by defendant from Garter, J., at April Term, 1913, of Wake. Appeal from justice’s court. Yerdiet and judgment for the plaintiff. The defendant appealed.

1Opinion of the CourtBbowN, J.

This is a controversy Over $14.88, -the value of a hog.

The plaintiff and defendant introduced much evidence tending to prove the ownership and value of the hog. Defendant seems to have relied upon an estoppel. The 'Case on appeal states that “His Honor did not charge the jury. He simply said: 'Take tbe case, gentlemen, and settle it as between man and man.’ ” Tbis constitutes one of tbe defendant’s assignments of error.

In tbis State tbe trial judge is required to charge tbe jury to tbe extent of stating in a plain and correct manner tbe evidence given in tbe case and declare and explain tbe…

2Cases cited3 opinions

  1. State v. . MatthewsSupreme Court of North Carolina · 1878
  2. Holly v. . HollySupreme Court of North Carolina · 1886
  3. State v. . RippySupreme Court of North Carolina · 1889

3Cited by12 opinions

  1. McNeill v. . McNeillSupreme Court of North Carolina · 1943
  2. Williams v. Eastern Carolina Coach Co.Supreme Court of North Carolina · 1929
  3. Smith v. . KappasSupreme Court of North Carolina · 1941
  4. State v. . DickensSupreme Court of North Carolina · 1939
  5. Sears v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1919

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