Justice v. Gallert.
Supreme Court of North Carolina
Action by M. Ii. Justice, executor of Emily Forney, against Solomon Gallert, administrator of J. A. Forney, heard by Judge F. D. Winston and a jury, at June (Special) Term, 1902, of the Superior Court of Rutherford County. From a judgment for the plaintiff, the defendant appealed.
1Opinion of the CourtClark, J.
The appellant properly concedes that “the requests for instruction having been oral, his exception for failure to charge, as tasked, can not be sustained. The statute is explicit that “the Judge may disregard them.” Code, Sec. 415.
There was no request for the Judge to put his instructions in writing (Code, Sec. 414), and the case on appeal states that he did not do so, but that he jotted down some disconnected notes' of his charge, in which notes, as written, it appears that he instructed the jury, on a certain state of facts, to answer “Yes,” which was erroneous; but. the Judge states in the…
2Cases cited2 opinions
- State v. . TruesdaleSupreme Court of North Carolina · 1899
- Woodlief v. . BraggSupreme Court of North Carolina · 1891
3Cited by7 opinions
- State v. DavenportSupreme Court of North Carolina · 1911
- State v. Worley.Supreme Court of North Carolina · 1906
- State v. . DavenportSupreme Court of North Carolina · 1911
- Bennett v. WareCourt of Appeals of Georgia · 1908
- Nelson v. R. J. Reynolds Tobacco Co.Supreme Court of North Carolina · 1907
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