Swann v. Bigelow
This text of 90 S.E.2d 396 (Swann v. Bigelow) 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
The presiding judge was in error in holding the answers to issues 2 and 3 as first returned by the jury were inconsistent. The court should have accepted the verdict and rendered judgment thereon, treating the answers to issue No. 3 as surplusage. To send the jury back for further consideration and to accept the verdict after the change was error. However, since the verdict as first returned was not accepted by the court there has been no proper verdict rendered in the case and for that reason the judgment entered is set aside. Butler v. Gantt, 220 N.C. 711, 18 S.E. 2d 119. The cause is remanded to the Superior Court of Caswell County for a
New trial.
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Cite This Page — Counsel Stack
90 S.E.2d 396, 243 N.C. 285, 1955 N.C. LEXIS 574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swann-v-bigelow-nc-1955.