Covington v. . Newberger
Supreme Court of North Carolina
Practice in Supreme Court — Amending Case on Appeal — Principal and Agent— Verdict — Evidence—Innkeeper’s Lien. Civil action, originally commenced before a Justice of the Peace, and carried,-by appeal, to the Superior Court of Anson County, and tried before Clark, J., at May Term, 1887,. of said Court.
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Practice in Supreme Court — Amending Case on Appeal — Principal and Agent— Verdict — Evidence—Innkeeper’s Lien. Civil action, originally commenced before a Justice of the Peace, and carried,-by appeal, to the Superior Court of Anson County, and tried before Clark, J., at May Term, 1887,. of said Court. At the time of issuing the summons, and as ancillary to-the action, a warrant of attachment was issued, under which certain trunks and packages of samples, in possession of Lindsay Davis, were seized, and afterwards replevied by the-defendant. The pleadings were oral. During the years 1881 and…
1Opinion of the Court
Davis, J.,
(after stating the facts). Upon disagreement of counsel, the case on appeal was settled by the Judge, as appears from the certificate, and the instructions asked for by the defendant, and the refusal of which constitutes one of the grounds of exception, as appears in the statement of the case, do not appear in the record. Counsel for the appellant proposed to show by affidavits what the instructions asked for and refused were; but this Court cannot permit the case stated to be varied or amended in any such way, and we can only consider the questions presented in the record.
The…
2Cases cited5 opinions
- Brown v. . KinseySupreme Court of North Carolina · 1879
- State v. . WhiteSupreme Court of North Carolina · 1883
- State v. . PowellSupreme Court of North Carolina · 1886
- Huntley v. . MathiasSupreme Court of North Carolina · 1884
- Best v. . FrederickSupreme Court of North Carolina · 1881
3Cited by7 opinions
- Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
- State v. . WheelerSupreme Court of North Carolina · 1923
- Nash v. . SouthwickSupreme Court of North Carolina · 1897
- Wertheimer-Swarts Shoe Co. v. Hotel Stevens Co.Washington Supreme Court · 1905
- Boston Typewriter Co. v. G. J. Sherrard Co.Massachusetts District Court, Appellate Division · 1936
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