Whitesides v. . Twitty
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Rutherford County, at the Fall Term, 1S47, his Honor Judge Settle presiding. The action is debt on a bond for $704 40, given by the defendants to the plaintiff, dated July 12th 1843 and payable twelve months after date, with the interest from date. Plea usury.
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Appeal from the Superior Court of Law of Rutherford County, at the Fall Term, 1S47, his Honor Judge Settle presiding. The action is debt on a bond for $704 40, given by the defendants to the plaintiff, dated July 12th 1843 and payable twelve months after date, with the interest from date. Plea usury. On the trial the defendants gave evidence, that one Anderson Staton, was indebted to the plaintiff i eral justice’s judgements, on which exj the hands of one Morris, a constable is ty; and that it was agreed between! plaintiff, that Morris and a son of the to South Carolina and bring thence {Into…
1Opinion of the CourtRums, C. J.
If the opinions given on the trial w ere erroneous, yet as the case is stated in the bill of exceptions, it is not in the power of the court to assist the de* fendants, and it is therefore unnecessary and improper to decide the question of evidence. From the nature of a bill of exceptions, as has been frequently declared by this court, it is incumbent on the party excepting, when the error alleged consists in rejecting evidence, to shew distinctly in it, what the evidence was, in order that its relevancy may appear, and that it may be seen, that a prejudice has arisen to him from the…
2Cited by3 opinions
- Straus, Hartman, Hofflin & Co. v. BeardsleySupreme Court of North Carolina · 1878
- Newbern v. . HintonSupreme Court of North Carolina · 1925
- Stout v. Valle Crucis, Shawneehaw & Elk Park Turnpike Co.Supreme Court of North Carolina · 1911