Garrett v. . Pegram
Supreme Court of North Carolina
Civil actioN, for damages to a lot of tobacco, tried before Molver, J., and a jury, at June, 1896, Special Term of G-uilfoed Superior Court. There was a verdict for plaintiffs and from the judgment thereon defendants appealed.
1Opinion of the Court
Fubchbs, J.:
Upon this case coming on for argument, the plaintiff (appellee) moved to dismiss the appeal under Rule 28, alleging that appellant had failed to comply with said rule in printing the record. Wiley v. Mining Co., 117 N. C., 489. To avoid the consequences of this motion and the dismissal cf the appeal, the defendant abandoned any exception that would require a perusal of any part of the transcript not contained in the printed record.
This reduces the matters for our consideration to two questions — the alleged contradiction in the Judge’s charge upon the question of damages and the…
2Cases cited1 opinion
- Wiley v. Bessemer City Mining Co.Supreme Court of North Carolina · 1895