Dobson v. . Whisenhant
Supreme Court of North Carolina
Civil action, to recover possession of land, tried before Merrimon, J., at Spring Term, 1888, of Burice Superior Court. The case on appeal is as follows: “ To show the location of the land in dispute the plaintiffs introduced as a witness D. F. Denton, who testified that he was County Surveyor of Burke; that he surveyed the calls of the grant under which plaintiffs claim in the fall of 1881. Witness was then handed a map of the survey made by him in 1881. Defendant’s counsel…
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Civil action, to recover possession of land, tried before Merrimon, J., at Spring Term, 1888, of Burice Superior Court. The case on appeal is as follows: “ To show the location of the land in dispute the plaintiffs introduced as a witness D. F. Denton, who testified that he was County Surveyor of Burke; that he surveyed the calls of the grant under which plaintiffs claim in the fall of 1881. Witness was then handed a map of the survey made by him in 1881. Defendant’s counsel objected to the use of the map by witness in giving his testimony to the jury, upon the ground that the survey was made…
1Opinion of the CourtDavis, J.
(after stating the case.) All the evidence is sent up with the record. This is useless, for the findings of fact upon the issues submitted to the jury are final, and we can-, not review or revise these findings; nor can we review the evidence or pass upon the correctness of the verdict of the jury. Only so much of the evidence as is necessary to a clear understanding of the exceptions taken, and of the questions of law involved, should be sent up with the record.
Only two exceptions are presented :
First: To the use of the map or survey by the witness Denton. As we understand the ruling of his…
2Cases cited2 opinions
- Wilson v. . WhiteSupreme Court of North Carolina · 1879
- State v. . WhiteacreSupreme Court of North Carolina · 1887
3Cited by19 opinions
- Cutts v. CaseySupreme Court of North Carolina · 1971
- State v. Wilcox.Supreme Court of North Carolina · 1903
- State v. . HarrisonSupreme Court of North Carolina · 1907
- Searcy v. . LoganSupreme Court of North Carolina · 1946
- Boomer v. . GibbsSupreme Court of North Carolina · 1894
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