Gulley v. . Raynor
Supreme Court of North Carolina
Appeal by plaintiff from Allen, J., at November Term, 1922, of WayNe. Civil action, brought by a landlord against bis tenant, to recover rents for the year 1920. At the institution of the action, there was a bale of cotton seized by the plaintiff under claim and delivery and replevied by the defendant.
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Appeal by plaintiff from Allen, J., at November Term, 1922, of WayNe. Civil action, brought by a landlord against bis tenant, to recover rents for the year 1920. At the institution of the action, there was a bale of cotton seized by the plaintiff under claim and delivery and replevied by the defendant. The defendant set up a counterclaim, alleging that the plaintiff had failed to furnish him funds with which to buy fertilizers, seed beans, etc., as he had agreed to do, and in consequence of which his crops were greatly diminished, and he was damaged in a large sum. The defendant was allowed…
1Opinion of the CourtStacy, J.
It is quite evident from the verdict, as rendered by the jury, that instead of answering the issues submitted to them, they have undertaken, in their own way, to adjust the differences between the parties, with the usual result in such cases, to wit, an insufficient verdict. Tire Co. v. Motor Co., 181 N. C., 230. Material issues raised by the pleadings and supported by evidence, as in the case at bar, should be submitted to the jury, and, of course, answered by them. McKenzie v. McKenzie, 153 N. C., 242. As suggested in Wilson v. R. R., 165 N. C., 499, we tbinlc bis Honor should have sent the…
2Cases cited12 opinions
- Brewington v. LoughranSupreme Court of North Carolina · 1922
- Tomlinson & Co. v. MorganSupreme Court of North Carolina · 1914
- Spencer v. . HamiltonSupreme Court of North Carolina · 1893
- Carter v. . McGillSupreme Court of North Carolina · 1915
- Herring v. Armwood.Supreme Court of North Carolina · 1902
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3Cited by4 opinions
- Vandiford v. . VandifordSupreme Court of North Carolina · 1939
- Brewington v. . LoughranSupreme Court of North Carolina · 1922
- Harris v. . SmithSupreme Court of North Carolina · 1939
- Harris v. SmithSupreme Court of North Carolina · 1939