Hinton v. . Greenleaf
Supreme Court of North Carolina
This was a civil actioN, tried before Broten, J., and a jury, at Special Term, 1894, of Pasquotank Superior Court. In this Court the plaintiff's counsel moved to dismiss the appeal for want of a “ case.”
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This was a civil actioN, tried before Broten, J., and a jury, at Special Term, 1894, of Pasquotank Superior Court. In this Court the plaintiff's counsel moved to dismiss the appeal for want of a “ case.” It appears that the appellant served his statement of the case on appeal, the appellee filed exceptions thereto, the case was settled by the Judge, allowing the amendments proposed by the appellee, and ordering “ that the case on appeal be as stated by the defendant, with said five amendments incorporated therein.” Thereupon, the Clerk sent up the appellants’ statement, the appellee’s…
1Opinion of the CourtMacRae, J.
There is, in contemplation of law, no “case settled on appeal.” And we might dismiss the appeal for want of a case. Mitchell v. Tedder, 107 N. C., 358. We prefer, however, that the matter should be disposed of upon its merits, and will direct that it be remanded, in order that the case on appeal may be redrafted, according to the order of his Honor below. This is necessary, because the principal point before us was an objection to his Honor’s charge upon the presumption of law and burden of proof. In the statement of the case presented by the appellant the exception is stated to the charge of…
2Cases cited1 opinion
- Mitchell v. . TedderSupreme Court of North Carolina · 1890
3Cited by4 opinions
- Gaither v. Carpenter.Supreme Court of North Carolina · 1906
- State v. King.Supreme Court of North Carolina · 1896
- Stevens v. . SmathersSupreme Court of North Carolina · 1898
- Wagner ex rel. Wagner v. EudySupreme Court of North Carolina · 1962