Legal Opinion

Moore v. Edmiston

Supreme Court of North Carolina

Decided January 15, 1874PublishedCited by 20 opinions

Civil ACTION, tried at Spring Term, 1874, of the Superior Court of Caldwell county, before his Honor, Mitohell, J. The jury rendered their verdict in favor of the defendant upon all the issues submitted.

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Civil ACTION, tried at Spring Term, 1874, of the Superior Court of Caldwell county, before his Honor, Mitohell, J. The jury rendered their verdict in favor of the defendant upon all the issues submitted. Plaintiff moved for a new trial, which his Honor granted for the reason, that after the case had been given to the jury and they had retired to make up their verdict, the jury, without leave of the Court, and without the knowledge or consent of the plaintiff, separated and dispersed themselves, and whilst so dispersed partook of refreshments and remained so dispersed and separated, conversing…

1Opinion of the CourtByNuh, J.

This is a civil action, here by appeal from an order of the Court below, setting aside a verdict for the defendant and granting a new trial upon the following state of facts, found by his Honor, to-wit: “ In this case, it appearing from the affidavits, filed by plaintiff, to the satisfaction of the Court that after the testimony was all given, the argument of counsel concluded, and after the jury had been charged by the Court and directed to retire and consider of their verdict, and before they had found said verdict the said jury, without leave of the *478Court and without the knowledge or…

2Cited by20 opinions

  1. Goodman v. . GoodmanSupreme Court of North Carolina · 1931
  2. Keener v. BealSupreme Court of North Carolina · 1957
  3. Bird v. Bradburn.Supreme Court of North Carolina · 1902
  4. Carson v. . DellingerSupreme Court of North Carolina · 1884
  5. Lewis v. . FountainSupreme Court of North Carolina · 1915

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