Hatchell v. . Odom
Supreme Court of North Carolina
This was an action of assumpsit, in which the plaintiff declared against the defendant as administrix of Noah Odom, as follows: For that whereas the said Noah in his lifetime having sold and delivered to the said Morris a certain negro-slave, as and for a sound slave, at the price of five hundred and eighty-four dollars, by the said Morris to the said Noah in hand paid, which said slave was at the time of süch sale, unsound and greatly diseased, and by reason thereof of no…
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This was an action of assumpsit, in which the plaintiff declared against the defendant as administrix of Noah Odom, as follows: For that whereas the said Noah in his lifetime having sold and delivered to the said Morris a certain negro-slave, as and for a sound slave, at the price of five hundred and eighty-four dollars, by the said Morris to the said Noah in hand paid, which said slave was at the time of süch sale, unsound and greatly diseased, and by reason thereof of no value; and such unsoundness having, after the said sale and delivery, come to the knowledge of the said Morris, he the…
1Opinion of the Court
Gaston, Judge.
However clearly it is settled with us, fhat a judgment of nonsuit, when submitted to in deference to the opinion of the Court, may be reversed on aPPea^ as erroneous, it has not been, and, we think, ought not to be held, that the refusal of the Court to nonsuit a plaintiff can be assigned for error. The Court is never k°urffi to order a nonsuit; if for no other reason, because it cannot nonsuit a plaintiff against his will; and wherever the propriety of a motion for a nonsuit is at all questionable, the court ought to decline giving such a direction, anc^ permit the cause to go…
2Cases cited1 opinion
- Smith v. WareNew York Supreme Court · 1816
3Cited by8 opinions
- Aldridge Motors, Inc. v. . AlexanderSupreme Court of North Carolina · 1940
- Stonestreet v. Southern Oil Co.Supreme Court of North Carolina · 1946
- Craig v. . PriceSupreme Court of North Carolina · 1936
- Williams v. Dixie Chevrolet Co.Supreme Court of North Carolina · 1935
- Coleman v. . WhisnantSupreme Court of North Carolina · 1946
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