From Casetext: Smarter Legal Research

Smith v. Commissioners

Supreme Court of North Carolina
Sep 1, 1913
79 S.E. 1113 (N.C. 1913)

Opinion

(Filed 17 September, 1913.)

Appeal and Error — Division of Opinion — Affirmance of Judgment.

Where one of the five justices of the Supreme Court does not sit or take part in the determination of a case on appeal, and the other members of the Court are equally divided in their opinions, the judgment below stands affirmed.

APPEAL by defendant from Whedbee, J., at March Term, 1913, of PERQUIMANS.

Charles Whedbee, P. W. McMullan, Bond Bond, and Ward Thompson for plaintiff.

Ehringhaus Small, E. F. Aydlett, and J. S. McNider for defendant.


In this case Justice ALLEN did not sit and took no part in the (98) decision of the Court. Justice BROWN and Justice HOKE voted to affirm the judgment; Chief Justice CLARK and Justice WALKER voted for a new trial. The Court being evenly divided, the judgment stands affirmed.


Summaries of

Smith v. Commissioners

Supreme Court of North Carolina
Sep 1, 1913
79 S.E. 1113 (N.C. 1913)
Case details for

Smith v. Commissioners

Case Details

Full title:B. F. SMITH v. COMMISSIONERS OF DARE COUNTY

Court:Supreme Court of North Carolina

Date published: Sep 1, 1913

Citations

79 S.E. 1113 (N.C. 1913)
163 N.C. 97

Citing Cases

Wright v. the Concrete Company

7. A nonexpert witness may not state his opinion as a conclusion, but the fact that he expresses an opinion…

Wright v. Satilla Rural Elec. Coop

Our courts have long held that the purity and integrity of our jury system must be strictly enforced. See,…