Legal Opinion

Merritt v. . Dick

Supreme Court of North Carolina

Decided April 22, 1915PublishedCited by 12 opinions

Appeal by plaintiff from Allen, J., at October Term, 1914, of New HANOVER. Civil action, tried upon these issues: 1. Is the plaintiff as tenant in common the owner in fee of the lands in dispute and described in the complaint, and entitled to the possession thereof? Answer: "No.” 2. Is the plaintiff’s claim barred by the statute of limitations? Answer: . 3. What damages, if any, is plaintiff entitled to recover of the defendant, Answer:. From the judgment rendered plaintiff…

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Appeal by plaintiff from Allen, J., at October Term, 1914, of New HANOVER. Civil action, tried upon these issues: 1. Is the plaintiff as tenant in common the owner in fee of the lands in dispute and described in the complaint, and entitled to the possession thereof? Answer: "No.” 2. Is the plaintiff’s claim barred by the statute of limitations? Answer: . 3. What damages, if any, is plaintiff entitled to recover of the defendant, Answer:. From the judgment rendered plaintiff appealed.

1Per curiam

The defendants move to dismiss this action under Rule 19, subsection 2, for a failure to properly assign error. The plaintiff assigned a number of additional assignments of error wben the case was called for argument, and asked the court to consider them, which motion was taken under advisement.

In the record proper the original assignments of error are as follows: Group 1 includes the first assignment; Group 2 includes 3, 4, 5, 8, 10; 11, and 15; Group 3 includes 12, 13, and 14; Group 4 includes No. 16; Group 5, No. 17; Group 6, Nos. 22 to 40, inclusive.

It is manifest that these assignments…

2Cited by12 opinions

  1. Hannigan v. GoldfarbNew Jersey Superior Court Appellate Division · 1958
  2. State v. . BittingsSupreme Court of North Carolina · 1934
  3. LeFelt v. NasarowNew Jersey Superior Court Appellate Division · 1962
  4. Naseef v. Cord, Inc.New Jersey Superior Court Appellate Division · 1966
  5. In Re Will of BeardSupreme Court of North Carolina · 1932

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