Benton v. . Collins

Supreme Court of North Carolina

Benton v. . Collins

28 S.E. 59, 121 N.C. 65

CourtSupreme Court of North Carolina

DecidedSeptember 5, 1897

StatusPublished

Cited by1 cases

This text of 28 S.E. 59 (Benton v. . Collins) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Benton v. . Collins, 28 S.E. 59, 121 N.C. 65 (N.C. 1897).

Pincite

Opinion

A verdict was recorded on all the issues submitted. On motion of the plaintiff, the court set aside the verdict on the issue of damages, and awarded a new trial on that issue. The defendant excepted to this ruling and order, and appealed to this Court.

The appeal is premature. He should have noted his exception and proceeded with the trial and brought the whole case to this Court on final judgment. This course would not affect any substantial right. This question has been so often decided as to need only a reference to Hilliard v. Oram,106 N.C. 467, and the numerous cases cited.

Dismissed.

Cited: S. c., 125 N.C. 84; Billings v. Observer, 150 N.C. 542.

(67)

Free access — add to your briefcase to read the full text and ask questions with AI

A verdict was recorded on all the issues submitted. On motion of the plaintiff, the court set aside the verdict on the issue of damages, and awarded a new trial on that issue. The defendant excepted to this ruling and order, and appealed to this Court.

The appeal is premature. He should have noted his exception and proceeded with the trial and brought the whole case to this Court on final judgment. This course would not affect any substantial right. This question has been so often decided as to need only a reference to Hilliard v. Oram,106 N.C. 467, and the numerous cases cited.

Dismissed.

Cited: S. c., 125 N.C. 84; Billings v. Observer, 150 N.C. 542.

(67)

Cite This Page — Counsel Stack

Bluebook (online)

28 S.E. 59, 121 N.C. 65, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benton-v-collins-nc-1897.

Opinion

Related

Cite This Page — Counsel Stack