Withers v. . Lane
Supreme Court of North Carolina
Civil agtioN, tried before Peebles, J., and a jury, at November Term, 1906, of tbe Superior Court of HaRNett County. Verdict and judgment for defendant. Plaintiff appealed. This action was brought to recover tbe possession of two mules. Tbe plaintiff bought a mule from tbe defendant for $115 and gave bis note for tbe purchase-price, secured by a mortgage on tbe two mules described in tbe complaint.
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Civil agtioN, tried before Peebles, J., and a jury, at November Term, 1906, of tbe Superior Court of HaRNett County. Verdict and judgment for defendant. Plaintiff appealed. This action was brought to recover tbe possession of two mules. Tbe plaintiff bought a mule from tbe defendant for $115 and gave bis note for tbe purchase-price, secured by a mortgage on tbe two mules described in tbe complaint. He alleged that tbe defendant bad warranted tbe soundness of tbe mule be bought and that afterwards be proved to be unsound; that he returned tbe mule to tbe defendant, paying him $30 for tbe use…
1Opinion of the Court
Walker, J.,
after stating the ease: The Legislature has wisely provided that no Judge, in charging a jury, shall intimate whether a fact is fully or sufficiently proven, it being the true office and province of the jury to weigh the testimony and decide upon its adequacy to establish any issuable fact. The Judge’s function is positively restricted to stating in a plain and correct manner the evidence given in the case and to declaring and explaining the law arising thereon. Revisal, sec. 535. He may clearly indicate to a jury wbat impression the testimony bas made upon bis mind or wbat…
2Cases cited9 opinions
- State v. . DickSupreme Court of North Carolina · 1864
- State v. . JonesSupreme Court of North Carolina · 1872
- Reiger v. . DavisSupreme Court of North Carolina · 1872
- State v. . DancySupreme Court of North Carolina · 1878
- Powell v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1873
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3Cited by79 opinions
- State v. LynchSupreme Court of North Carolina · 1971
- State v. GreeneSupreme Court of North Carolina · 1974
- State v. BelkSupreme Court of North Carolina · 1966
- State v. CanipeSupreme Court of North Carolina · 1954
- State v. FrazierSupreme Court of North Carolina · 1971
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