Phipps v. . Pierce
Supreme Court of North Carolina
-Civil ACTION, for the recovery of land, tried before MacRae, Judge, and a jury, at Fall Term, 1885, of the Superior Court of Ashe county. The facts appear in the opinion. There was a verdict and judgment for the plaintiffs, and the defendants appealed.
1Opinion of the CourtSmith, C. J.
It would be unnecessary to reiterate the rule, long and uniformly adhered to, which limits the appellate jurisdiction of this Court, to such exceptions as are shown in the record to have been taken in the Court below, including an instruction which lays down a false proposition of law, but for the wide range of the argument for the appellant. Very much of this discussion has been directed to objections, which upon the case presented, might be appropriate, and perhaps successfully maintained at the trial, but were not then taken, and do not, in consequence, come under review. It is not…
2Cases cited4 opinions
- Melvin v. . WaddellSupreme Court of North Carolina · 1876
- Cowles v. . HallSupreme Court of North Carolina · 1884
- Price v. . JacksonSupreme Court of North Carolina · 1884
- Clarke v. . WagnerSupreme Court of North Carolina · 1878
3Cited by8 opinions
- Mallet v. HuskeSupreme Court of North Carolina · 1964
- Everett v. SandersonSupreme Court of North Carolina · 1953
- Foster v. HoltSupreme Court of North Carolina · 1953
- May v. Manufacturing & Trading Co.Supreme Court of North Carolina · 1913
- Ferrell v. . ThompsonSupreme Court of North Carolina · 1890
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