Legal Opinion

Everett v. . Spencer

Supreme Court of North Carolina

Decided May 24, 1898PublishedCited by 14 opinions

Petition to rehear the case between same parties decided at September, 1897, Term of this Court, and reported in 121 N. 0. R., at page 519.

1Opinion of the Court

Douglas, J.:

This is the same case.reported in 121 N. C., 519, and now before us on a petition to rehear. The certificate of disinterested counsel, upon which the case was ordered to be docketed, set out as the only ground of error “that the court decided in effect that it was the duty of the jury to take the whole of the charge of the court and construe it together to ascertain the meaning of the Judge in giving said charge.” Can this he error? The charge and every part thereof, is given to the jury for their instruction and guidance, and they must consider it as a whole. They have no right…

2Cases cited4 opinions

  1. Railroad Co. v. GladmonSupreme Court of the United States · 1873
  2. Everett v. Receivers of Richmond & Danville RailroadSupreme Court of North Carolina · 1897
  3. Lewis v. Albemarle & Raleigh RailroadSupreme Court of North Carolina · 1886
  4. Cowles v. . HallSupreme Court of North Carolina · 1884

3Cited by14 opinions

  1. Edwards v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1901
  2. Chaffin v. . Manufacturing Co.Supreme Court of North Carolina · 1904
  3. Brendle v. . R. R.Supreme Court of North Carolina · 1899
  4. Lloyd v. . BowenSupreme Court of North Carolina · 1915
  5. State v. . FowlerSupreme Court of North Carolina · 1909

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