10 N.C. 308 | N.C. | 1824
On the trial below the plaintiff proved the beating, and defendants said they had no testimony and disclosed no ground of defense. The case was put to the jury, and argued by the plaintiff's counsel as a question involving solely an inquiry into the amount of damages; and after his argument, the defendants' counsel objected that the plaintiff had neither shown property or possession in the slave, and in argument insisted on this as a defense. The counsel for the plaintiff then moved that he might be allowed to introduce one of the witnesses before examined, by whom he could prove an undisputed title to and (309) possession of the slave in the plaintiff, and that neither the defendants nor any other person claimed title or possession against the plaintiff. The witness on his examination had not been asked any question as to title, property, or possession. The court refused to allow the witness to be examined to that point, and the plaintiff submitted to a nonsuit. The case stood before this Court on a rule to show cause why a new trial should not be granted.
It is evident that the merits of this case were not before the jury, and it is more than the likely that the decision in Kelly v. Goodbread,
The CHIEF JUSTICE concurred.
HENDERSON, J., dissented, but gave no reason.
PER CURIAM. New trial.
Cited: S. v. Rash,
(312)