Tiddy v. . Harris
Supreme Court of North Carolina
Civil action, tried before Boykin, J, at Spring Term, 1888, of Mecklenbueu Superior Court. This action, commenced on July 10th, 1885, by the service of a summons on H. W. Harris and R. H. Harris — as to the last named of whom a nolle prosequi, was entered before the trial — is prosecuted to recover a balance alleged to be due for goods, wares and merchandise sold and delivered, the items whereof are set out in an exhibit annexed to the complaint.
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Civil action, tried before Boykin, J, at Spring Term, 1888, of Mecklenbueu Superior Court. This action, commenced on July 10th, 1885, by the service of a summons on H. W. Harris and R. H. Harris — as to the last named of whom a nolle prosequi, was entered before the trial — is prosecuted to recover a balance alleged to be due for goods, wares and merchandise sold and delivered, the items whereof are set out in an exhibit annexed to the complaint. The complaint was met by a demurrer, and this being overruled, the defendants put in separate answers-in each of which respondents deny their…
1Opinion of the CourtSmith, C. J.
(after stating the case.) There are no issues shown in the record to have been submitted to the jury as required by The Code, the neglect to draw up which, so as to give meaning to the verdict, would induce us, after such repeated warning given and disregarded, to refuse to entertain the appeal and remand the case, but that the verdict was dispensed with and the case never reached the jury.
The defendants’ counsel insists that the appeal should be dismissed, because the nonsuit was needlessly suffered when the cause ought to have proceeded to its termination. But the practice has long…
2Cases cited1 opinion
- Kirby v. . MillsSupreme Court of North Carolina · 1878
3Cited by11 opinions
- Liles v. . RogersSupreme Court of North Carolina · 1893
- Griffin v. ErskineSupreme Court of Iowa · 1906
- Nowell v. BasnightSupreme Court of North Carolina · 1923
- Peebles v. . GaySupreme Court of North Carolina · 1894
- Asbury v. . FairSupreme Court of North Carolina · 1892
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