State Ex Rel. Williams v. Mizell's Adm'r

Supreme Court of North Carolina
State Ex Rel. Williams v. Mizell's Adm'r, 32 N.C. 279 (N.C. 1849)
Ruffln

State Ex Rel. Williams v. Mizell's Adm'r

Opinion of the Court

Ruffln, C. J.

The motion must, very clearly, be overruled. For, an appeal to this Court does not vacate the verdict, but it stands until it be adjudged here to be erroneous, and a venire de novo be ordered. While the verdict stands, of course there cannot be a non-suit. Hence, the judgment must stand affirmed, with costs against the plaintiff in this Court.

Per Curiam.

Judgment accordingly.

Reference

Full Case Name
The STATE TO THE USE OF JOHN WILLIAMS, ADM’R, &C. vs. MIZELL’S ADM’R
Status
Published