Carter v. . Elmore
Supreme Court of North Carolina
Civil actioN,-tried before Graham, J., and a jury, at October Term, 1896, of SAMPSON Superior Court, on appeal from a judgment of a justice of-the peace.
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Civil actioN,-tried before Graham, J., and a jury, at October Term, 1896, of SAMPSON Superior Court, on appeal from a judgment of a justice of-the peace. The judgment rendered in the superior court was as follows : “The jury having found the issue as follows: Is the defendant indebted to plaintiff, and if so, in what amount? Ans., ‘ Yes, $40.’ “ This cause coming on to be heard, and the issue of no debt having been submitted to the jury, and they having found that the defendant, G. W. Elmore, is indebted to the plaintiff, John Carter, in the sum of $40, and all costs of this action, to be…
1Opinion of the Court
Clark, J". :
The judgment sent up in the record is insensible, and does not adjudge anything against the defendant. No execution can issue upon it, and the defendant has nothing from which to appeal. Bostic v. Taylor, 93 N. C., 415 ; Baum v. Shooting Club, 94 N. C., 217; State v. Lockyear, 95 N. C., 633; Rosenthal v. Roberson, 114 N. C., 594. Deeming there might possibly be an inadvertence in entering the judgment or in copying it for the transcript on appeal, the Court at last term continued the cause, and the defect was called to the attention of counsel to the end that if they thought…
2Cases cited4 opinions
- State v. . LockyearSupreme Court of North Carolina · 1886
- Rosenthal v. . RobersonSupreme Court of North Carolina · 1894
- Taylor v. . BosticSupreme Court of North Carolina · 1885
- Baum v. Currituck Shooting ClubSupreme Court of North Carolina · 1886
3Cited by2 opinions
- Rogerson v. Lumber Co.Supreme Court of North Carolina · 1904
- Barham v. . PerrySupreme Court of North Carolina · 1933