Benton v. . Collins
Cases that cite this one
1 later published case cites this decision.
- Veazey v. City of Durham (N.C. 1950)
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
A verdict was recorded on all the issues submitted. On motion of the plaintiff, the court set aside the verdict on the issue of damages, and awarded a new trial on that issue. The defendant excepted to this ruling and order, and appealed to this Court.
The appeal is premature. He should have noted his exception and proceeded with the trial and brought the whole case to this Court on final judgment. This course would not affect any substantial right. This question has been so often decided as to need only a reference to Hilliard v. Oram,
Dismissed.
Cited: S. c.,
(67)
Case-law data current through December 31, 2025. Source: CourtListener bulk data.