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…
1Opinion of the Court
WalKER, J.,
after stating the case: The exception of the plaintiff is well taken. It was stated in the argument before *92us tbat the ruling of the Court was based upon tbe assumption that a prayer for special instructions must be submitted “at or before the close of the evidence,” under secs. 536 and 538 of The Revisal (Code, secs. 414 and 415). This was erroneous. Section 536 requires that a request to put the charge in writing shall be made at or before the close of the evidence, and sec. 538 simply provides that counsel shall reduce their prayers for special instructions to writing, with-'…
2Cases cited10 opinions
- Robbins v. RascoeSupreme Court of North Carolina · 1897
- Kirk Ex Rel. Kirk v. TurnerSupreme Court of North Carolina · 1826
- Hall v. . HarrisSupreme Court of North Carolina · 1848
- Willey v. Norfolk Southern RailroadSupreme Court of North Carolina · 1887
- Baldwin v. MaultsbySupreme Court of North Carolina · 1845
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3Cited by16 opinions
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