Blackwell v. . McCaine
Supreme Court of North Carolina
This was a civil ACTION, tried at March Term, 1889, of Durham Superior Court, before Bynum, J., for the value of some horses and mules, and for feeding and caring for them. The following are the issues submitted to the jury, and' responses thereto: 1. Did the plaintiff sell and deliver to the defendant the property mentioned in the complaint? Ans. Yes. 2. Did plaintiff furnish for the defendant the feed, stabling and attention stated in the complaint? Ans.
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This was a civil ACTION, tried at March Term, 1889, of Durham Superior Court, before Bynum, J., for the value of some horses and mules, and for feeding and caring for them. The following are the issues submitted to the jury, and' responses thereto: 1. Did the plaintiff sell and deliver to the defendant the property mentioned in the complaint? Ans. Yes. 2. Did plaintiff furnish for the defendant the feed, stabling and attention stated in the complaint? Ans. Yes. 3 Did the plaintiff deliver to the defendant the property set forth in the complaint, as his agent, to be sold by him, and to account…
1Opinion of the Court
MerkimoN, C. J.:
Numerous issues raised by the pleadings were submitted to a jury and they rendered their verdict. The Court did not proceed to give judgment thereupon, or give any final judgment, but, deeming an account necessary, it made an order directing the Clerk to take and state such account. No exception was taken to this order by either party, but the defendant appealed from it to this Court.
The appellant mistakes the purpose and scope of this appeal when he supposes that it brings to this Court his exceptions taken on the trial in the Court below. It brings here for review only the…
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