Swann v. Bigelow
Cases that cite this one
5 later published cases cite this decision.
- Rogers v. Sportsworld of Rocky Mount, Inc. (N.C. Ct. App. 1999)
- Summey v. Cauthen (N.C. 1973)
- Selph v. Selph (N.C. 1966)
- Brown v. Bass (N.C. 1964)
- D. W. Ward Construction Co. v. Adams (N.C. Ct. App. 1988)
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
The presiding judge was in error in holding the answers to issues 2 and 3 as first returned by the jury were inconsistent. The court should have accepted the verdict and rendered judgment thereon, treating the answers to issue No. 3 as surplusage. To send the jury back for further consideration and to accept the verdict after the change was error. However, since the verdict as first returned was not accepted by the court there has been no proper verdict rendered in the case and for that reason the judgment entered is set aside. Butler v. Gantt, 220 N.C. 711, 18 S.E. 2d 119. The cause is remanded to the Superior Court of Caswell County for a
New trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.