Barnes v. . Brown
Supreme Court of North Carolina
This was a civil aotioN to compel defendants to convey to plaintiffs the legal title to two lots in Lumberton, originally tried by Buxton, J., at the Special (January) Term, 1874, of the Superior Court of Robeson, and from thence brought by appeal to this Court, in which it was argued at June Term, 1873, and sent back to the Court below to have tried certain issues framed here.
Read the full summary
This was a civil aotioN to compel defendants to convey to plaintiffs the legal title to two lots in Lumberton, originally tried by Buxton, J., at the Special (January) Term, 1874, of the Superior Court of Robeson, and from thence brought by appeal to this Court, in which it was argued at June Term, 1873, and sent back to the Court below to have tried certain issues framed here. The cause having been removed to the Superior Court of Columbus, upon the affidavit of the plaintiff) where it was tried before Bussell, J., at Spring Term, 1874, upon the issues sent down from this Court. The faets of…
1Opinion of the CourtRodman, J.
1. The defendants insist that they are entitled to a new trial of the issues upon which the jury passed at the last trial, because during the trial the Judge altered the issue directed by this Court to be submitted, and submitted others more general, which they had not come prepared to try. The issue which this Court at June Term, 1873, directed to be tried, (69 N. C. Rep., 439,) seemed, upon the case then before us, to embrace all the matters in controversy between the parties which had not been determined by the finding of a jury. As it appeared upon the second trial, it was too special and…
2Cited by11 opinions
- Jamerson v. . LoganSupreme Court of North Carolina · 1948
- Ebert v. . DisherSupreme Court of North Carolina · 1939
- Rochlin v. P. S. West Construction Co.Supreme Court of North Carolina · 1951
- Deal v. WilsonSupreme Court of North Carolina · 1919
- Ebert v. DisherSupreme Court of North Carolina · 1939
6 more not listed; retrieve them via the Exa API.