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Thompson v. Nations

Supreme Court of North Carolina
Sep 1, 1893
19 S.E. 160 (N.C. 1893)

Opinion

September Term, 1893

Practice — Premature Motion for Judgment.

Where, by a former ruling of this Court, an issue was left undetermined, and the cause stood for a new trial below, a motion for judgment was properly declined.

The opinion of this Court in the appeal heard at February Term, 1893 ( 112 N.C. 508), having been certified to the court below, the defendants, at Fall Term, 1893, of SURRY, before Winston, J., moved for judgment, which was refused, his Honor being of the opinion (349) that the certificate of the Supreme Court was not a final judgment, but only an order for a new trial. Defendants thereupon appealed.

A. E. Holton for plaintiffs.

Glenn Manly for defendants.


The former ruling of this Court left the issue undetermined, and it is therefore open for a new trial. The motion of the defendants for judgment was properly declined.

Affirmed.

(350)


Summaries of

Thompson v. Nations

Supreme Court of North Carolina
Sep 1, 1893
19 S.E. 160 (N.C. 1893)
Case details for

Thompson v. Nations

Case Details

Full title:JAMES W. THOMPSON ET AL. v. JAMES NATIONS ET AL

Court:Supreme Court of North Carolina

Date published: Sep 1, 1893

Citations

19 S.E. 160 (N.C. 1893)
113 N.C. 348

Citing Cases

Thompson v. Nations

AFFIRMED. Cited: S. c., 113 N.C. 348; Outland v. Outland, 118 N.C. 141; Edwards v. Lemmonds, 136 N.C. 331.…