Davis v. . Duval

Pee Cubiam:

We have considered with much care the petition to rehear and the brief of counsel, but we fail to perceive that we have overlooked any of the points presented upon the hearing, although we did not deem it necessary to refer to all of them in declaring the judgment of the Court.

There- was no exception to the refusal of the Court to give the instructions prayed for, and while such a refusal is deemed excepted to, yet if it is not assigned as error in the case on appeal the exception is deemed to have been waived. Taylor v. Plummer, 105 N. C., 56. Neither was there a sufficient…