Vanderbilt v. Brown.
Supreme Court of North Carolina
ActioN by Gr. W. Vanderbilt against Bultler Brown, William Sizemore, Andrew Sizemore and T. L. Jenkins, beard by Judge O. R. Allen and a jury, at Fall Term, 1900, of tbe Superior Oourt of Tbansylvania C'ounty. From a judgment for tbe plaintiff, tbe defendants appealed.
1Opinion of the CourtClaeic, J.
Tbe exceptions by defendants to tbe introduction of deeds are without merit and it is unnecessary to discuss them. The appellee says in bis brief, “When plaintiff rested bis case, defendant mad© tbe usual motion to nonsuit and tbe Count made the usual ruling upon it, and defendant made the usual exception.” Tbe plaintiff made out a prima facie ease upon .the record 'as usual and the motion wias properly refused.
Tbe issues submitted were the usual ones in ejectment and enabled tbe defendants to present every phase of tbe controversy. It was not therefore error to refuse tbe issue tendered by…
2Cases cited6 opinions
- Kendrick v. Mutual Benefit Life InsuranceSupreme Court of North Carolina · 1899
- Pretzfelder v. Merchants Insurance Co. of NewarkSupreme Court of North Carolina · 1898
- Bradley v. Ohio River & Charleston Railway Co.Supreme Court of North Carolina · 1900
- State v. . NealSupreme Court of North Carolina · 1897
- Bottoms v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1891
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