McMillan v. . Baker
Supreme Court of North Carolina
This was a civil action, for the possession of land, tried before Philips, J., at Spring Term, 1884, of CttmbehlaND Superior Court. This case was before the Supreme Court, at October Term, 1881 (see 85 N. C., 291), and a venire de novo was awarded.
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This was a civil action, for the possession of land, tried before Philips, J., at Spring Term, 1884, of CttmbehlaND Superior Court. This case was before the Supreme Court, at October Term, 1881 (see 85 N. C., 291), and a venire de novo was awarded. When the case was called for trial and both sides had announced their readiness, the plaintiff, before the jury were impanelled, called the attention of the court to the opinion of the Supreme Court rendered on the former appeal, and took the position that .the question of title was settled, and that there was nothing to try but the question of…
1Opinion of the Court
Mérrimos, J.
This case came before this court by a former appeal at the October term, 1881,.and the questions presented by the record in that appeal, Avere then considered and decided. (See McMillan v. Baker, 85 N. C., 291). It is too plain to admit of serious question, that the Court then held that there was-“error and there must be a new trial ”; not a new trial in respect to part of the case, or to particular aspects of it, but upon the whole merits of the action as it then might appear before the court. The plaintiffs were left to prove their case over by the same or other and additional…
2Cases cited3 opinions
- McMillan v. . BakerSupreme Court of North Carolina · 1881
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