Baxter v. . Wilson
Supreme Court of North Carolina
This was an ACTION op trespass, tried before Gudger, Judge, and a jury,’at Spring Term, 1886, of Currituck Superior Court. The plaintiff in her complaint, alleged that she was the owner in fee of the land described in the complaint, and set forth in the accompanying plat.
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This was an ACTION op trespass, tried before Gudger, Judge, and a jury,’at Spring Term, 1886, of Currituck Superior Court. The plaintiff in her complaint, alleged that she was the owner in fee of the land described in the complaint, and set forth in the accompanying plat. Beginning at the letter B and runs to Stewart’s bridge on the main road; thence with Stewart’s run to the letter H on the creek; thence with the run of the creek south 94° east 26 chains; thence north 12° east 44 chains; thence 35° 19 chains to the road, and with the road south 63° east 15 chains; thence north Io east 12-|…
1Opinion of the CourtAsi-ie, J.
(after stating the facts). After the verdict was rendered, the defendant moved for a new trial, on the ground that one of the jurors was related to the plaintiff. There was no error in the refusal of the Court to allow the motion. A challenge to a juror must be made in “apt time.” A challenge made after the jury is empaneled, is not in apt time, and especially so after verdict, and it is a matter of discretion with the Judge whether he will grant a new trial. State v. Perkins, 66 N. C., 126; State v. Davis, 80 N. C., 412.
The main question in controversy between the parties, is whether the…
2Cases cited4 opinions
- State v. . Harvey PerkinsSupreme Court of North Carolina · 1872
- State v. . DavisSupreme Court of North Carolina · 1879
- Harrell v. . ButlerSupreme Court of North Carolina · 1885
- Hedge v. SimsIndiana Supreme Court · 1868
3Cited by41 opinions
- State v. . DegraffSupreme Court of North Carolina · 1893
- Cox v. . McGowanSupreme Court of North Carolina · 1895
- State v. MaultsbySupreme Court of North Carolina · 1902
- Whitaker v. Cover.Supreme Court of North Carolina · 1905
- Currie v. . GilchristSupreme Court of North Carolina · 1908
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