Opinion · Supreme Court of North Carolina

Smith v. . Niel

8 N.C. 341

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1821-06-05
Topic
general

Per Curiam. We will not say that the bill of sale unaccompanied with possession was not fraudulent under the IS Eliü. CL 5 ; nor will we say that the Jury ought not so to have found it; but in our opinion, the decision of that question, properly and of right, belonged to the Jury. It is the province of the Court to expound the law, and it is as much the province of the Jury to pass upon the facts. The trial by Jury is guaranteed by the Constitution of the State; and the act of 1796,' ch. 4, was passed for the purpose of preventing Judges from giving opinions to the Jury on matters of fact.

Citator

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

Cited by
1 opinion