Baum v. Currituck Shooting Club
Supreme Court of North Carolina
Civil action for the recovery of land, tried before Shepherd, Judge, and a jury, at Fall Term, 1885, of the Superior Court of Currituck County. His Honor directed a verdict for the defendant on the evidence, and the plaintiffs appealed. The facts appear fully in the opinion.
1Opinion of the CourtMbRRXMON, J.
Upon examination of the record, we find that on the trial, “at the close of the evidence, the court being of the opinion that the plaintiff could not recover, directed the issue to be found in the negative.” There was a motion for a new trial, which was denied. It seems probable that it was intended that a final judgment should be entered in favor of the defendants, but none appears. The plaintiff appealed, as the record shows, from the order denying the motion for a new trial. It is obvious that an appeal did not lie from this order.
As we can see that it was probably intended that a proper…
2Cited by5 opinions
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- Lilly v. BarronSupreme Court of Arkansas · 1920
- Carter v. . ElmoreSupreme Court of North Carolina · 1896
- Chambers v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1916