TaiLexi AI U.S. Case Law

Russell v. Hill

D. S. Russell v. Hill & Nelson

Russell v. Hill, 30 S.E. 27 (N.C. 1898)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of North Carolina · State Highest Courts
Decided
May 3, 1898
Judges
PER CURIAM.
Citations
30 S.E. 27122 N.C. 7721898 N.C. LEXIS 347
Syllabus
Appeal — Record on Appeal — Cortflict in Record. While a mere clerical error in copying the record on appeal could he corrected in this Court by amendment or certiorari, an acknowledged conflict existing in the record below between the recitals in the judgment and the responses to the issues can only be corrected by a new trial.
Summary
Oivtl action for conversion of personal property, tried before Robinson, J., and a Jury, at August Special Term, 1897, of Swain Superior Court. From a judgment for the plaintiff the defendants appealed. The record on appeal, as well as that below, shows that the jury answered the second issue “No,” while the judgment recited that the second issue was answered “Yes.”

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Per Curiam

Per Curiam:

When there is a conflict between the “case on appeal” stated by the Judge and the record proper, the latter governs. Cases cited in Clark’s- Code (2nd Ed.), p. 579. But here the conflict is in the record itself. Upon the issues sent up in the record the second issue is answered “No,” while in the judgment it is recited that it had been answered “ Yes.” If this were a mere clerical error in copying it could he cured by a certiorari or by amendment here, State v. Beal, 119 N. C., 809 ;

State v. Preston, 104 N. C., 733 ; but counsel concur that the conflict is in the original record below. Such being the case, the only remedy is by a new trial.

New trial.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 0 cases

No case in this database cites this case.

Authorities cited 2

DepthCaseCited by
State v. Preston, 10 S.E. 84 (N.C. 1889) 4
State v. Beal, 25 S.E. 815 (N.C. 1896) 2

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list