Benton v. Collins

Decided September 15, 1897

Supreme Court of North Carolina · decided 1897-09-15

Civil ACTION for damages, tried before Timberlake, J., and a jury, at April Term, 1897, of FeakkliN Superior Court. From au order of Plis Honor setting aside the verdict on the issue of damages and awarding a new trial, the defendant appealed.

Cited by 1 later decisions — most recently February 1950

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1897-09-15

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Faircloth, C. J.:

¶1A verdict was recorded on all the issues submitted. On motion of the plaintiff the court set aside the verdict on the issue of damages and awarded a new trial on that issue. The defendant excepted to this ruling and order, and appealed to this court.

¶2The appeal is premature.’ He should have noted his exception and proceeded with the trial and brought the whole case to -this court on final judgment. This course would not affect any substantial right. This question has been so often decided as to need only a reference to Hilliard v. Oram, 106 N. C., 467, and the numerous cases cited.

¶3Appeal dismissed.