Opinion · Supreme Court of North Carolina

Ramsay v. . Morris

Ramsay v. . Morris, 35 N.C. 458 (N.C. 1852)

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1852-08-05
Topic
general

Pearson, J. This was covenant upon a warranty of the soundness of a slave. The plaintiff excepts to the charge, in reference to the damages. But the question, intended to be raised, is not presented, and is put'out of the case and made wholly immaterial by a verdict in favor of the defendant. The charge, in reference to soundness, is not excepted to, and the jury find for the defendant; thereby, in effect, finding that the slave was not unsound.

Citator

UpLaw has not yet analyzed Ramsay v. . Morris. The absence of a flag is not a finding that it is good law.

Cited by
1 opinion
RAMSAYv. MORRIS,35 N.C. 458(1852)
WILLIAM RAMSAY v. JAMES H. MORRIS.
Supreme Court of North Carolina
(August Term, 1852.)
Where in an action of warranty the only question raised is as to the proper rule respecting damages, and the jury find all the issues in favor of the defendant, the charge of the judge becomes immaterial, and, even if erroneous, cannot be reviewed.
APPEAL fromManly, J., at Spring Term, 1852, of BUNCOMBE.
N.W. Woodfin for plaintiff.Craig and J. W. Woodfin for defendant.
PEARSON, J.
This was a convenant upon a warranty of the soundness of a slave. Plaintiff excepts to the charge, in reference to the damages. But the question intended to be raised is not presented, and is put out of the case and made wholly immaterial by a verdict in favor of the defendant. The charge in reference to soundness is not excepted to, and the jury find for the defendant; thereby, in effect, finding that the slave was not unsound.

This very point was decided at last term,Gant v. Hunsucker,34 N.C. 254. That was convenant on a warranty of the title of a slave. Plaintiff excepted to the charge in reference to the measure of damages, but the jury found for the defendant upon the plea ofnon est factum,Page 312and it was held this put the matter of the damages out of the case. There are several cases where exceptions in reference to the statute of limitations are excluded by a verdict for the defendant upon the general issue.

PER CURIAM. No error.

(459)