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23 N.C. 172

Terrell v. Wiggins

Supreme Court of North Carolina

Decided June 15, 1840

Supreme Court of North Carolina · decided 1840-06-15

<p>If the chaTge of the Judge to the jury be correct, .or be such that the party against whom a verdict is found cannot complain of it, a misr take of the jury in finding a verdict without evidence, or against evidence, or against the law, can be corrected only by the Judge presiding at the trial, and cannot be revised by the Supreme Court upon an appeal.</p>

Decided 1840-06-15

Ruffin, Chief Justice.

¶1The jury could not have beep misled to the prejudice of the plaintiff; for the charge of the Judge was as explicit as if; could be, in favour of the plaintiff. There was, therefove, no error on the part of the court — . at all events, of which the plaintiff can complain. Then, as to error, or rather mistake of the jury in finding a verdict without evidence, or against evidence, or against the law; it can, if it exist, be corrected only by the Judge presiding at the trial, and as has been often, decided, is beyond the reach of this court. Goodman v. Smith, 4 Dev. 450—Bank of Newbern v. Pugh, 2 Hawks, 389.

¶2Per Curiam. Judgment affirmed.

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