Reade v. . Street
Supreme Court of North Carolina
Civil action tried before Adams, J., and a jury at November Term, 1897, of Person Superior Court. The facts sufficiently appear in the opinion. There was a verdict, followed by a judgment for the plaintiff, and defendant appealed.
1Opinion of the Court
Clark, J.:
The only ground of error relied on in this Court, the others being abandoned, is that the judgment is for $457.72 with interest at 8 per cent, from the 8th of June, 1896, whereas the prayer for judgment is only for $423 with 8 per cent, interest from the 8th of June, 1896. There is no exception of this kind in the record, but it arises from the appeal itself, which is per se an exception to the judgment. Sutton v. Walters, 118 N. C., 495, 502.
If the judgment is for a greater amount than, or of a different nature from, the prayer for judgment it is immaterial, when the matter alleged…
2Cases cited6 opinions
- Knight v. . HoughtallingSupreme Court of North Carolina · 1881
- Jones v. . MialSupreme Court of North Carolina · 1880
- McNeill v. . HodgesSupreme Court of North Carolina · 1890
- Sutton v. . WaltersSupreme Court of North Carolina · 1896
- King v. . DudleySupreme Court of North Carolina · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Pangburn v. . Buick Motor Co.New York Court of Appeals · 1914
- Dixon v. . OsborneSupreme Court of North Carolina · 1931
- Morrill v. Title Guaranty & Surety Co.Washington Supreme Court · 1917
- Ohio Savings Bank & Trust Co. v. Willys CorporationCourt of Appeals for the Second Circuit · 1925
- Wilson v. Beaufort County Lumber Co.Supreme Court of North Carolina · 1902
6 more not listed; retrieve them via the Exa API.