Albright v. Mitchell
| Decision Date | 31 January 1874 |
| Citation | 70 N.C. 445 |
| Parties | W. G. ALBRIGHT, Ex'r. and others v. ALSA MITCHELL, |
| Court | North Carolina Supreme Court |
When issues are made up by the pleadings, parties have the right to have those material to the determination of the case submitted to a jury; and for the presiding Judge to withdraw such material issues and substitute others, is error.
CIVIL ACTION, for the specific performance of a contract for the purchase of land, tried by Tourgee, J., at the Fall Term, 1873, of CHATHAM Superior Court.
The facts of the case are fully set out in the opinion of the Court.
From the judgment of his Honor, overruling certain exceptions of the defendant to the admission of evidence, he appealed.
Headen and Batchelor, Edwards & Batchelor, for appellant .
Smith & Strong and Parker, contra .
This was an action for the specific performance of a contract for the purchase of a tract of land. The defendant, in his answer, admits the contract and giving the note for the purchase money, but alleges that he has paid off the debt in sundry payments therein set forth, and he demands the surrender of the note and the execution and delivery of a deed for the land.
Upon the pleadings the following issue was made up and submitted to the jury: “Is there anything due from the defendant, upon the two bonds given for the purchase money of the land mentioned in the complaint, and if so, how much?”
Much evidence was introduced on both sides and several exceptions were made to the evidence and the rulings of the Court, by the defendant, which we will not now examine, as we put our decision upon another point in the case.
After the testimony was closed, his Honor, against the wishes of the defendant, withdrew the issue, and in the place thereof, submitted four others, to wit:
1. Is the defendant entitled to any credit on his bonds for staves got out on the Bell land, and if so, how much?
2. Is defendant entitled to any credit on his bonds for removing said staves, and if so, in what amount?
3. Is defendant entitled to any further credit on his bonds by reason of a horse sold to Trollinger, and if so, in what amount?
4. Is defendant entitled to any credit on his bonds, for getting out any other staves than those got out on the Bell land?
The issues are made by the pleadings, and parties have the right to have all so made and which are material to the determination of the case submitted to the jury. It is true, that if the Court deems any particular fact...
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Cecil v. Henderson
...pleadings material to be tried (Code, § 395); such as will admit all material evidence upon the whole matter in controversy. Albright v. Mitchell, 70 N. C. 445; Tucker v. Satterthwaite, 120 N. C. 118, 27 S. E. 45. To repel the statute of limitations, there must be proof of a promise to pay,......
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Kerner v. Southern Ry. Co
...supporting evidence under the issues submitted by the court, and, where that is the case, the form of the issues is material. Albright v. Mitchell, 70 N. C. 445; Kirk v. Railway, 97 N. C. 82, 2 S. E. 536. The plaintiffs offered to prove by one Horah that two weeks after the fire, after dark......
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Cuthbertson v. North Carolina Home Ins. Co.
...often improper, to submit such questions of fact to the jury. In Cedar Falls v. Wallace, 83 N. C. 227, DILLARD, J., approving Albright v. Mitchell, 70 N. C. 445, says: “It is not every matter alleged on one side and denied on the other that, in a legal sense, is an issue, but only such as a......
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Phifer v. Alexander
... ... others substantially like them, submitted, if he had insisted ... upon his right at the proper time. Albright v ... Mitchell, 70 N.C. 445; Miller v. Miller, 89 N.C. 209; ... Waddell v. Swann, 91 N.C. 108. But the court, during ... the progress of the ... ...