(Download) "Edwards v. Hood Motor Co." by Supreme Court of North Carolina No. 244 # eBook PDF Kindle ePub Free
eBook details
- Title: Edwards v. Hood Motor Co.
- Author : Supreme Court of North Carolina No. 244
- Release Date : January 19, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Before a verdict is complete it must be accepted by the court, but it is the duty of the presiding judge, before accepting a verdict, to scrutinize its form and substance to prevent insufficient or inconsistent findings from becoming a record of the court. Therefore, where the findings are indefinite or inconsistent, the presiding judge may give additional instructions and direct the jury to retire again and bring in a proper verdict, but he may not tell them what their verdict shall be. Baird v. Ball, 204 N.C. 469, 168 S.E. 667. However, a party litigant has a substantial right in a verdict obtained in his favor. Accordingly, where a consistent verdict has been returned on issues which are determinative and is rejected by the court as a matter of law, and such ruling is held to be erroneous, the appellate Court will remand the cause for appropriate proceedings. Allen v. Yarborough, 201 N.C. 568, 160 S.E. 833; Butler v. Gantt, 220 N.C. 711, 18 S.E.2d 119; Ferrall v. Ferrall, 153 N.C. 174, 69 S.E. 60; Abernethy v. Yount, 138 N.C. 337, 50 S.E. 696.