Nall v. . McMath
Supreme Court of North Carolina
Appeal by defendants from Daniels, J., at tbe August Term, 1918, of CHATHAM. Tbis is a special proceeding instituted before tbe clerk for tbe establishment of tbe dividing line between tbe respective parties. Tbe case was beard before tbe clerk after tbe survey bad been made and tbe surveyor bad filed bis report, and be decided in favor of tbe contentions of tbe defendant.
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Appeal by defendants from Daniels, J., at tbe August Term, 1918, of CHATHAM. Tbis is a special proceeding instituted before tbe clerk for tbe establishment of tbe dividing line between tbe respective parties. Tbe case was beard before tbe clerk after tbe survey bad been made and tbe surveyor bad filed bis report, and be decided in favor of tbe contentions of tbe defendant. Tbe plaintiffs appealed and tbe cause was transferred to tbe trial docket, and wben tbe same was called for -trial before bis Honor be referred tbe same to R. H. Dixon, Esq., as referee to bear tbe evidence, find tbe facts…
1Opinion of the CourtAllen, J.
The principle is well established that an objection that there is no evidence to support a verdict will not be considered when made for the first time after the verdict has been returned (S. v. Leak, 156 N. C., 643), and there is no reason for refusing to enforce the rule when it appears, as it does in this record that both parties had full notice that the jury was not satisfied to find the true line to be as contended for by either party, and when not only was there no opposition to a departure from these contentions and no request' to instruct the jury they must find according to the…
2Cases cited2 opinions
- State v. . LeakSupreme Court of North Carolina · 1911
- Baxter v. . IrvinSupreme Court of North Carolina · 1912
3Cited by2 opinions
- Bartholomew & Co. v. ParrishSupreme Court of North Carolina · 1923
- Vandiford v. . VandifordSupreme Court of North Carolina · 1939