Jones v. City of High Point
Supreme Court of North Carolina
Appeal by defendant from W. J. Adams, J., at tbe June Term, 1910, of Gujlfobd. Tbe facts are sufficiently stated in tbe opinion of tbe Court.
1Opinion of the CourtClabK, C. J.
Tbe exceptions are properly grouped at tbe end of tbe case on appeal as required by rule 19 (2). Tbe first two exceptions are for refusal to exclude certain evidence from tbe jury. But tbe case on appeal, as settled by tbe judge, does not sbow tbat any exception was taken to tbe admission of sucb evidence, nor tbat any motion was afterwards made to withdraw tbe evidence from tbe jury, nor tbat sucb motion was refused. Exceptions to tbe evidence must be taken during tbe trial, in apt time. If not so taken, setting tbem out, as assignments of error, cannot avail anything. Lowe v. Elliott, 107…
2Cases cited7 opinions
- Lowe v. . ElliottSupreme Court of North Carolina · 1890
- State v. WilsonSupreme Court of North Carolina · 1897
- Patterson v. . MillsSupreme Court of North Carolina · 1897
- Wilson v. Beaufort County Lumber Co.Supreme Court of North Carolina · 1902
- State v. . HarrisSupreme Court of North Carolina · 1897
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3Cited by3 opinions
- Lynch Enterprise Finance Corp. v. Realty Construction Co.Supreme Court of Georgia · 1933
- Pearson v. Harris Clay Co.Supreme Court of North Carolina · 1913
- Smith-Douglass Co. v. . HoneycuttSupreme Court of North Carolina · 1933