State Ex Rel. Williams v. Mizell's Adm'r

Supreme Court of North Carolina

State Ex Rel. Williams v. Mizell's Adm'r

32 N.C. 279

DecidedDecember 5, 1849

StatusPublished

This text of 32 N.C. 279 (State Ex Rel. Williams v. Mizell's Adm'r) 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

State Ex Rel. Williams v. Mizell's Adm'r, 32 N.C. 279 (N.C. 1849).

Pincite

Opinion

Ruffln, C. J.

The motion must, very clearly, be overruled. For, an appeal to this Court does not vacate the verdict, but it stands until it be adjudged here to be erroneous, and a venire de novo be ordered. While the verdict stands, of course there cannot be a non-suit. Hence, the judgment must stand affirmed, with costs against the plaintiff in this Court.

Per Curiam.

Judgment accordingly.

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Ruffln, C. J.

The motion must, very clearly, be overruled. For, an appeal to this Court does not vacate the verdict, but it stands until it be adjudged here to be erroneous, and a venire de novo be ordered. While the verdict stands, of course there cannot be a non-suit. Hence, the judgment must stand affirmed, with costs against the plaintiff in this Court.

Per Curiam.

Judgment accordingly.

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Bluebook (online)

32 N.C. 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-williams-v-mizells-admr-nc-1849.