Harrison v. . Dill
Supreme Court of North Carolina
Appeal by plaintiff from Peebles, J., at tbe September Term, 1914, of CRAVEN. This is a motion to set aside a judgment against J. H. Fisber alone, purporting to baye been rendered at tbe September Term of said court, 1913, by consent.
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Appeal by plaintiff from Peebles, J., at tbe September Term, 1914, of CRAVEN. This is a motion to set aside a judgment against J. H. Fisber alone, purporting to baye been rendered at tbe September Term of said court, 1913, by consent. Tbe court finds tbe following facts: 1. Tbe original action was brought to recover back $325 wbicb plaintiff alleged be bad paid A. T. Dill for some bank stock wbicb turned out to be worthless, and that be was induced to buy said stock by tbe false and fraudulent representations of said Dill, backed up by tbe false and fraudulent representations of defendant…
1Opinion of the Court
Walker, J.,
after stating the ease: The plaintiff has assigned eleven errors, as having' been committed by the court in respect to its order setting aside the former judgment of the court, whereas only two exceptions were entered to the order of Judge Peebles at the time it was made. The object of an assignment of error is not to create a new exception, which was not taken at the hearing, but to select from those which were taken such as the appellant then relies on after he has given more deliberate consideration to them than may have been possible during the progress of the trial or hearing.…
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