Rountree v. . Britt and Vinson
Supreme Court of North Carolina
This was a civiXj ACTION tried before Shipp, judge, and á jury, at the Spring Term, 1885, of Hertford Superior Court. The action was brought by the plaintiff, as the administrator of C. W. Worrell, and he alleged in his complaint, that his intestate in his lifetime was the owner of the following personal property, viz; Eight bales of lint cotton, 12,921 pound seed cotton, one two-horse wagon, two horses, one mule, one cart and wheels, fifty-six flour barrels of corn in…
Read the full summary
This was a civiXj ACTION tried before Shipp, judge, and á jury, at the Spring Term, 1885, of Hertford Superior Court. The action was brought by the plaintiff, as the administrator of C. W. Worrell, and he alleged in his complaint, that his intestate in his lifetime was the owner of the following personal property, viz; Eight bales of lint cotton, 12,921 pound seed cotton, one two-horse wagon, two horses, one mule, one cart and wheels, fifty-six flour barrels of corn in shuck, 2,048 bundles of fodder, three cows and three heifers; that the property was worth one thousand dollars; that C. W.…
1Opinion of the Court
Ashe, J.,
(after stating the facts). The main question presented by the record is, was there error in the instructions given by the Court to the jury, and the judgment rendered upon their finding.
Although there was a special verdict rendered by the jury, their first finding, “that the corn, cotton and fodder described in the complaint, was no part of the crops described in the mortgage,” we take it, was in deference to the charge of the Court; the special verdict therefore, does not relieve the case from the question of error in the charge of the Court. Then, was there error? We are of the…
2Cases cited6 opinions
- Barnhardt v. . SmithSupreme Court of North Carolina · 1882
- Rawlings v. . HuntSupreme Court of North Carolina · 1884
- Atkinson v. . GravesSupreme Court of North Carolina · 1884
- Cotten v. . WilloughbySupreme Court of North Carolina · 1880
- Mauney v. . IngramSupreme Court of North Carolina · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Davis v. Industrial Manufacturing Co.Supreme Court of North Carolina · 1894
- Cox v. Commissioners of Pitt CountySupreme Court of North Carolina · 1908
- Taylor v. . HodgesSupreme Court of North Carolina · 1890
- Davis v. TurnerCourt of Appeals for the Fourth Circuit · 1903
- Stewart v. ClemensSupreme Court of Alabama · 1929
7 more not listed; retrieve them via the Exa API.