Fleming v. . Davenport
This text of 21 S.E. 188 (Fleming v. . Davenport) 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.
Opinion
This case is controlled by Ballard v. Johnson, 114 N. C., 141, and is so fully discussed there, we see no reason for discussing it in this case.
*157 The defendant was entitled to bis second prayer for instructions to the jury.
The court declined to give these instructions, and this entitles the defendant to a new trial. And, as this substantially disposes of the matters controverted, we do not consider the other questions presented by the appeal. There is error.
N ew Trial.
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Cite This Page — Counsel Stack
21 S.E. 188, 116 N.C. 153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fleming-v-davenport-nc-1895.