Supreme Court of North Carolina, 1849

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

State Ex Rel. Williams v. Mizell's Adm'r
Supreme Court of North Carolina · Decided December 5, 1849 · Ruffln
32 N.C. 279

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.

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