Edwards v. . Whitehead

Supreme Court of North Carolina

Edwards v. . Whitehead

199 S.E. 388, 214 N.C. 838, 1938 N.C. LEXIS 439

CourtSupreme Court of North Carolina

DecidedNovember 9, 1938

StatusPublished

Cited by1 cases

This text of 199 S.E. 388 (Edwards v. . Whitehead) 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

Edwards v. . Whitehead, 199 S.E. 388, 214 N.C. 838, 1938 N.C. LEXIS 439 (N.C. 1938).

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Opinion

Action to recover damages for trespass on land. Upon issues submitted, the jury rendered the following verdict:

"1. Are the plaintiffs the owners in fee and entitled to the immediate possession of the lands embraced within the lines of Red A, Red B, Red C, Red D, and back along the Cheraw Road to Red A, as indicated on the map of the court survey in this case? Ans.: `Yes.'

"2. Have the defendants unlawfully and willfully trespassed thereon by cutting and removing timber and trees and doing injury to the growing crop? Ans.: `Yes.'

"3. What damages, if any, have the plaintiffs sustained by reason of such trespass? Ans.: `$65.00.'"

From judgment on the verdict, defendants appealed. There was sufficient evidence to warrant submission of the case to the jury upon all the issues raised by the pleadings. Appellants' assignments of error based upon exceptions to the charge to the jury cannot be sustained. They principally relate to statements of contentions not called to the court's attention at the time (S. v. Herndon, 211 N.C. 123,189 S.E. 173). The exception to the ruling of the court in permitting certain witnesses to be sworn and tendered is without merit. This was a matter within the discretion of the trial judge. Issues of fact have been determined by the jury adversely to the defendants, and in the trial we find

No error. *Page 839

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Action to recover damages for trespass on land. Upon issues submitted, the jury rendered the following verdict:

"1. Are the plaintiffs the owners in fee and entitled to the immediate possession of the lands embraced within the lines of Red A, Red B, Red C, Red D, and back along the Cheraw Road to Red A, as indicated on the map of the court survey in this case? Ans.: `Yes.'

"2. Have the defendants unlawfully and willfully trespassed thereon by cutting and removing timber and trees and doing injury to the growing crop? Ans.: `Yes.'

"3. What damages, if any, have the plaintiffs sustained by reason of such trespass? Ans.: `$65.00.'"

From judgment on the verdict, defendants appealed. There was sufficient evidence to warrant submission of the case to the jury upon all the issues raised by the pleadings. Appellants' assignments of error based upon exceptions to the charge to the jury cannot be sustained. They principally relate to statements of contentions not called to the court's attention at the time (S. v. Herndon, 211 N.C. 123,189 S.E. 173). The exception to the ruling of the court in permitting certain witnesses to be sworn and tendered is without merit. This was a matter within the discretion of the trial judge. Issues of fact have been determined by the jury adversely to the defendants, and in the trial we find

No error. *Page 839

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199 S.E. 388, 214 N.C. 838, 1938 N.C. LEXIS 439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-v-whitehead-nc-1938.

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