Wittkowsky v. Wasson
Supreme Court of North Carolina
Civil action) for the recovery of certain goods, with process of “ claim and delivery,” against the defendant, sheriff of Ire-dell, who claimed to hold said goods under certain executions against Shepperd & Wycoff, to whom the goods had belonged, tried before Mitchell, J., at Spring Term, 1874, of Tb,t¡t)u.t,t, Superior Court.
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Civil action) for the recovery of certain goods, with process of “ claim and delivery,” against the defendant, sheriff of Ire-dell, who claimed to hold said goods under certain executions against Shepperd & Wycoff, to whom the goods had belonged, tried before Mitchell, J., at Spring Term, 1874, of Tb,t¡t)u.t,t, Superior Court. It was in evidence for the plaintiffs, that they were creditors of Shepperd & Wycoff, to the amount of about $1,000; and that they sent their agent with an attachment to levy on the-stock of goods; that the agent went to the store of Sheppard & Wycoff, accompanied by a…
1Opinion of the CourtRodmaN, J.
As the Judge instructed the jury to find a verdict for the defendant, he must be taken to have decided that there was no evidence of a sale of the goods to the plaintiff, Where there is <my evidence to support a plaintiffs claim, it is the duty of the Judge to submit the question to a jury, who are the exclusive judges of its weight. This doctrine must have been a part of the law from the earliest times at which the respective functions of the Judge and jury were discriminated. The earliest distinct expression of it that I know of was by Bulleb, J., in Company of Carpenters, &c., 1 Doug. 875.…
2Cases cited1 opinion
- State v. . VinsonSupreme Court of North Carolina · 1869
3Cited by83 opinions
- Georgia Railway & Electric Co. v. HarrisCourt of Appeals of Georgia · 1907
- Varney v. . DitmarsNew York Court of Appeals · 1916
- Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
- Byrd v. Express Co.Supreme Court of North Carolina · 1905
- Meyer v. HouckSupreme Court of Iowa · 1892
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