Opinion

Board of Public Welfare v. . Hospital

  • 196 N.C. 752
  • 147 S.E. 288
Court
Supreme Court of North Carolina
Filed
Mar 20, 1929
Status
Published
On the bench
STACY, C. J.
Cited by
0 cases
Authority
More cited than 42.4%

The opinion

As we interpret the record, the court did not accept or undertake to accept, as part of a verdict, the jury's agreement on the first, third and fourth issues, for it is stated in two places in the *Page 755

case on appeal that a juror was withdrawn and a mistrial ordered. Hence, the power of the court, in a proceeding like the present, to accept a partial verdict, conclusive of some of the mooted questions, but not fully determinative of the issue involved, is not presented for decision.

In this view of the matter the defendant's appeal must be dismissed. Cement Co. v. Phillips , 182 N.C. 437 , 109 S.E. 257 .

Appeal dismissed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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