Dees v. . Lee

111 S.E. 3, 183 N.C. 206, 1922 N.C. LEXIS 238

• Court: Supreme Court of North Carolina
• Decided: March 22, 1922
• Status: Published

Opinion

Stacy, J.

Three of the four exceptions appearing on the record are directed to portions of his Honor’s charge, in which he undertakes to state the contentions of the parties. Defendant says the contentions of the plaintiff were stated in such a manner as to amount to an expression of opinion from the court. WA have examined the charge with a view of determining whether the defendant could have been prejudiced in any degree by the method or form in which the contentions were given, but we have found nothing upon which to base any criticism. The charge as a whole seems to have been fair, impartial, and free from error. Furthermore, these exceptions come within the well settled rule tbat objections to tbe statement of contentions must be made at some appropriate time during tbe charge, or at its conclusion, so tbat tbe trial court may be given an opportunity to correct any error in tbe respect indicated. S. v. Hall, 181 N. C., 527; McMahan v. Spruce Co., 180 N. C., 636, and cases there cited.

Tbe other exceptions are without special merit, and must be overruled. We have discovered no sufficient reason for disturbing tbe verdict and judgment.

No error.