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Perry v. Perry

Supreme Court of North Carolina
Apr 1, 1908
61 S.E. 1134 (N.C. 1908)

Opinion

(Filed 15 April, 1908.)

Appeal and Error — Questions for Jury.

When the examination of the record on appeal discloses a controversy largely or fact, fairly and clearly presented to the jury upon the law, the verdict will not be disturbed.

B. C. Beckwith for plaintiff.

Peele Maynard for defendant.


This is an appeal from a justice of the peace, tried at October Term, 1907, of WAKE, Long, J. The plaintiff recovered judgment for $125 for breach of a contract in respect to the cultivating of a crop on the testator's farm, from which defendant appealed.

We have examined and considered the several exceptions set out in the record to the reception and rejection of evidence, as well as to parts of his Honor's charge. The evidence discloses a controversy largely (368) of fact and which appears to have been fairly and clearly presented to the jury, who have decided the matter adversely to the defendant, and we see no just reason to disturb the verdict. We find in the record no error of sufficient importance to warrant us in directing another trial.

Affirmed.


Summaries of

Perry v. Perry

Supreme Court of North Carolina
Apr 1, 1908
61 S.E. 1134 (N.C. 1908)
Case details for

Perry v. Perry

Case Details

Full title:F. B. PERRY v. WILLIAM PERRY, EXECUTOR

Court:Supreme Court of North Carolina

Date published: Apr 1, 1908

Citations

61 S.E. 1134 (N.C. 1908)
147 N.C. 367