Jackson v. . Williams
Supreme Court of North Carolina
Appeal from Qoohe, J., at September Term, 1909, of Mas-tín, in a processioning proceeding. Tbe following issue was submitted to the jury without objection : What is the true line between the lands of the plaintiffs and those of the defendant? Answer: That the dividing line between E. P. Jackson and wife, plaintiffs, and Seth Williams, defendant, is the dotted line as shown on map from big 0 to D and E. , Defendant moved for new trial. Motion overruled.
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Appeal from Qoohe, J., at September Term, 1909, of Mas-tín, in a processioning proceeding. Tbe following issue was submitted to the jury without objection : What is the true line between the lands of the plaintiffs and those of the defendant? Answer: That the dividing line between E. P. Jackson and wife, plaintiffs, and Seth Williams, defendant, is the dotted line as shown on map from big 0 to D and E. , Defendant moved for new trial. Motion overruled. Defendant excepted and appealed from the judgment rendered.
1Opinion of the CourtBbowN, J.
The learned counsel for defendant assigns error in these words: “The exceptions are hereby grouped, as required by the court: 1. To the refusal of the court to nonsuit. 2. To the charge. 3. To the judgment.”
We are not prepared to hold, as contended by defendant, that the practice of nonsuiting as now in vogue in civil actions, and in special proceedings generally, when an issue is raised and they are transferred for trial to the' Superior Court, is applicable to a properly constituted processioning proceeding. This proceeding is a peculiar one, and intended to effect an easy and expeditious…
2Cases cited2 opinions
- McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
- Williams v. . HughesSupreme Court of North Carolina · 1899
3Cited by8 opinions
- Rawls v. . LuptonSupreme Court of North Carolina · 1927
- Clark v. GreySupreme Court of Florida · 1931
- Cornelison v. . HammondSupreme Court of North Carolina · 1945
- Brown v. Town of HillsboroSupreme Court of North Carolina · 1923
- Brown v. . HillsboroSupreme Court of North Carolina · 1923
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