Stith v. . Lockabill
Supreme Court of North Carolina
Civil action,'in the nature of the former action of Ejectment, tried before Cloud, J., at the Fall Term, 1872, of the Superior Court of Davidson county. There was a verdict for the plaintiff. Rule for a new trial; rule discharged. Judgment and appeal by the defendant. The case in this Court was disposed of by the decision of one of the points made in the Court below, the facts relating to which are fully set forth in the opinion of the Court.
1Opinion of the CourtSettle, J.
It appears from the statement of the case, which his Honor sends to this Court, that the plaintiff’s counsel, in addressing the jury, asked them, in consequence of alleged spoliation in a certain deposition which had been admitted and read to them, not to believe the statements contained therein.
The counsel for the defendant objected to the comments of the plaintiff’s counsel at the time, and asked the Court to charge the jury that there was no evidence of any spoliation; which the Court declined to do, but remarked that the Court did not know whether there was any spoliation or not; that the…
Also in this document: Per curiam.
2Cited by2 opinions
- Leak v. . CovingtonSupreme Court of North Carolina · 1888
- Wilson Miller v. . DerrSupreme Court of North Carolina · 1873