Ferguson v. . McCarter

The cause originated before a justice of the peace; there was an appeal to the county court, and an appeal from the county court to the Superior Court. After the jury was charged with the cause in the Superior Court, the plaintiff's counsel discovered that the appeal bond given by the defendant, from the county to the Superior Court was defective, and moved the court that the cause be dismissed. The court did accordingly dismiss the cause.

The questions submitted to this Court are: Whether the court acted properly in dismissing the appeal after the cause was submitted to the jury. And if they…