Marshall v. . Stine
Cases that cite this one
1 later published case cites this decision.
- State v. . Blankenship (N.C. 1895)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The appellants asked the Court verbally for an instruction to the jury. The failure to grant a prayer for instruction not asked in writing is not ground for exception. The Code, §415. Besides, if the prayer had been asked in writing, though the failure to give it is deemed excepted to, the exception would have been waived, as it is not set out in the case on appeal, and we could not pass upon it. Taylor v. Plumber, 105 N. C., 56.
No exception of any-kind appears in the case on appeal, and no error appears upon an inspection of the record proper. The judgment below must be
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.