Williams v. . Averitt
Supreme Court of North Carolina
"j v From Washington. J This was an action of trespass for beating a slave, the property of the plaintiff. On the trial below the plaintiff proved the beating, and defendants said they had no testimony and disclosed no ground of defence; the case was put to the jury, and argued by the plaintiff’s counsel as a question involving solely an inquiry into the amount of damages; and after his argument, the defendants’ counsel objected that the plaintiff had neither shown property…
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"j v From Washington. J This was an action of trespass for beating a slave, the property of the plaintiff. On the trial below the plaintiff proved the beating, and defendants said they had no testimony and disclosed no ground of defence; the case was put to the jury, and argued by the plaintiff’s counsel as a question involving solely an inquiry into the amount of damages; and after his argument, the defendants’ counsel objected that the plaintiff had neither shown property or possession in the slave, and in argument insisted on this as a defence: the Counsel for the plaintiff then moved that…
1Opinion of the Court
Haul, Judge.'
It is evident that the merits of this, case were not before the jury; and it is more than likely that the decision in Kelly v. Goodbread’s Exrs., (N. C. Term Rep. 28.) was the cause of it. It is very true as is said in that case, that permission to receive testimony will a}wayS be granted or withheld according to the nature of the action, the conduct of the parties, and the necessity of receiving farther evidence for the advancement of justice. In that case it might be said, that it was a hard and penal action; but nothing is alleged against the demeanor and conduct of the…
2Cited by5 opinions
- State v. PerrySupreme Court of North Carolina · 1950
- Miller v. . GreenwoodSupreme Court of North Carolina · 1940
- State v. EagleSupreme Court of North Carolina · 1951
- Hendrix v. B & L Motors, Inc.Supreme Court of North Carolina · 1955
- Rose & Day, Inc. v. ClearyCourt of Appeals of North Carolina · 1972