Oak Hall Clothing Co. v. Bagley
Supreme Court of North Carolina
Civil actioN for tbe recovery of a money demand, beard at March Term, 19 OY, of the Superior Court of Mae/tiN County, before Biggs, Jand a jury.
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Civil actioN for tbe recovery of a money demand, beard at March Term, 19 OY, of the Superior Court of Mae/tiN County, before Biggs, Jand a jury. The court submitted the following issues: “1. Is the defendant indebted to the plaintiff ? If so, in what amount?” Answer: “Three hundred and ninety-two dollars and eighteen cents, with interest on $362.18 from 3 September, 1895, and interest on $29 from 15 July, 1900.” “2. Is the plaintiff’s cause of action barred by the statute of limitations?” Answer: “No.” The record contains the following entry at said term: “Plaintiff moves for judgment.…
1Opinion of the CourtBkowN, J.
The defendant moves to dismiss the appeal because no case on appeal has been served. The plaintiff contends that, without any case on appeal, there is error apparent upon the record, and that his Honor, Judge Biggs, should have rendered judgment in plaintiff’s favor upon the issues, and assigns such refusal as error. His Honor had no right to set aside the verdict at the succeeding June Term, although the said Judge held both terms, unless the parties to the action had consented to the continuance of such motion to the June Term. At June Term the Judge finds as a fact that such consent had…
2Cited by6 opinions
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- Decker v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
- Mountain State Mica Co. v. J. E. Burleson Mining Co.Supreme Court of North Carolina · 1922
- Anderson v. . MorrisSupreme Court of North Carolina · 1932
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