Braid v. . Lukins
Supreme Court of North Carolina
Civil ACTION, tried before Shipp, Judge, and a jury, at Fall Term, 1886, of Pasquotank Superior Court. ' At June Term, 1886, a judgment by default and inquiry was entered, and at the next subsequent term, the Court proceeded to execute the inquiry, and submitted to the jury the following issues: 1. “What amount is due to plaintiff for placing defendants’ lumber on vessel “Mogee” at Elizabeth City ? Answer: $36. 2. What was the value of the lumber delivered by plaintiff to…
Read the full summary
Civil ACTION, tried before Shipp, Judge, and a jury, at Fall Term, 1886, of Pasquotank Superior Court. ' At June Term, 1886, a judgment by default and inquiry was entered, and at the next subsequent term, the Court proceeded to execute the inquiry, and submitted to the jury the following issues: 1. “What amount is due to plaintiff for placing defendants’ lumber on vessel “Mogee” at Elizabeth City ? Answer: $36. 2. What was the value of the lumber delivered by plaintiff to defendants in Philadelphia in 1884? Answer: We, the jury, decide that the plaintiff is entitled to $8 per thousand, net,…
1Opinion of the CourtMeRRIMON, J.
(after stating the facts). The statute (The Code, §548), among other things,provides that “An appeal may be taken from every judicial order or determination of a Judge of a Superior Court, upon or involving a matter of law or legal inference * * * * *, which grants or refuses a new trial.”
It will be observed, that the judicial order or determination granting or refusing a new trial that may be appealed from, must be upon or involve a matter of law or legal inference — that is, the order or judgment must be one that involves and raises the question, whether or not, in law, and as of right, a…
2Cases cited2 opinions
- Moore v. EdmistonSupreme Court of North Carolina · 1874
- Vest v. . CooperSupreme Court of North Carolina · 1873
3Cited by11 opinions
- Goodman v. . GoodmanSupreme Court of North Carolina · 1931
- Bird v. Bradburn.Supreme Court of North Carolina · 1902
- Abernethy v. Yount.Supreme Court of North Carolina · 1905
- Jones v. Dixie Fire InsuranceSupreme Court of North Carolina · 1936
- State v. . Riddle and HuffmanSupreme Court of North Carolina · 1934
6 more not listed; retrieve them via the Exa API.