Teeter v. Cole Manufacturing Co.
Supreme Court of North Carolina
Appeal from Council, J., May Term, 1909, of Cabareus. Civil action, to recover the sum of $206.40, on account of a lumber transaction.
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Appeal from Council, J., May Term, 1909, of Cabareus. Civil action, to recover the sum of $206.40, on account of a lumber transaction. After the plaintiff had testified, the court intimated that, taking his evidence in its most favorable view, he would only be entitled to recover the value'of such lumber as the defendant had taken from the car of lumber shipped, together with such damages as the plaintiff might have sustained by reason of the defendant selecting a portion of tbe lumber from tbe car and leaving tbe other as rejected. Upon such intimation of opinion, tbe plaintiff excepted and…
1Opinion of the CourtBeown, J.
1. We are of opinion that tbe nonsuit, taken voluntarily by plaintiff, was premature. He should have excepted to tbe ruling of tbe court and proceeded with tbe trial. In any view, be was entitled to a judgment for some amount. We again call attention to repeated rulings of this Court, that, “In order to avoid appeals based upon trivial interlocutory decisions, tbe right thus to proceed (viz., to take a nonsuit and appeal) has been said to apply ordinarily only to cases where tbe ruling of tbe court strikes at the root of the case and precludes a recovery by the plaintiff.” Hayes v. Railroad,…
2Cases cited5 opinions
- Hayes v. RailroadSupreme Court of North Carolina · 1905
- Merrick v. Bedford.Supreme Court of North Carolina · 1906
- Midgett v. Manufacturing Co.Supreme Court of North Carolina · 1906
- Hoss v. . PalmerSupreme Court of North Carolina · 1908
- Freeman v. SkinnerSupreme Court of North Carolina · 1848
3Cited by6 opinions
- Kelly v. Great Atlantic & Pacific Tea Co.Court of Appeals for the Fourth Circuit · 1936
- Otto-Johnson Mercantile Co. v. GarciaNew Mexico Supreme Court · 1918
- McKinney Ex Rel. McKinney v. PattersonSupreme Court of North Carolina · 1917
- White v. HarrisSupreme Court of North Carolina · 1914
- Cannon v. John B. Daniel Inc.Supreme Court of Georgia · 1922
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