{
  "id": 8681484,
  "name": "C. C. BARNES and others v. W. B. FORT and others",
  "name_abbreviation": "Barnes v. Fort",
  "decision_date": "1877-06",
  "docket_number": "",
  "first_page": "28",
  "last_page": "30",
  "citations": [
    {
      "type": "official",
      "cite": "77 N.C. 28"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 3096,
    "ocr_confidence": 0.412,
    "sha256": "3b737fabb0571229e164835c331fb6befcb3f6244be0c95ad8e49f28d332cb8e",
    "simhash": "1:1f181602bd95ffc5",
    "word_count": 566
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  "last_updated": "2023-07-14T20:46:21.915598+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "C. C. BARNES and others v. W. B. FORT and others."
    ],
    "opinions": [
      {
        "text": "Pearson, O. J.\nUpon a demurrer to evidence, \u201cthe case \u201d as a matter of course sets out all of the evidence, because otherwise the Court cannot decide t\u00f1e question.\nBo wheu coimsel'move the Court to instruct the jury that there is no evidence to support a certain allegation, which is refused and an appeal is taken, we had supposed it to be a matter of course, that the case would set out all of the evidence which the Judge thought tended to prove the allegation, so as to put it in the power of this Court to decide the question.\nHere the statement of the case shows that the counsel of the defendants moved the Court to instruct the jury, that there was no evidence to support the allegation of a parol trust, or of any consideration to support it, (and he might have added) or of any inducement to make it.\nThe statement of the case, which is settled by the Judge, curtly cuts off' the motion by setting out, \u201cthere was evidence of the parol trust, &c.\u201d; so the counsel for defendants says- \u201c there is no evidence,\u201d and the Judge says \u201cthere is evi, deuce.\u201d How is this Court to decide ? JReductio ad absicr-dum.\nUpon consultation it was a question; shall we require the Judge by certiorari or other writ to amend \u201cthe case settled by him \u201d or shall we order a new trial ? We decided on the latter course and were influenced in some measure by the fact, that the Judge and the jury in a mere matter of ae count of rents and profits differ from $6800 to $3000, and for the further reason, that because of the vagueness of the complaint in respect to the alleged parol trust, we are not able to see what was the consideration or the inducement for Coley and Sauls to pay $4200, and let Mrs. Barnes and her children live on the laud, until after supporting the whole family the products of the land should be equal to $4200 with interest, which amount these charitable gentlemen, have paid out in cash, plus $6800 as the 'jury find, $3000 as the Judge says.\nThe allegation is imputable, and as the case cannot be disposed of without a statement of the evidence, a new trial is. ordered.\nPer Curiam. Venire de novo..",
        "type": "majority",
        "author": "Pearson, O. J."
      }
    ],
    "attorneys": [
      "Mr. W. JV. JS. Smith, for plaintiffs.",
      "Messrs. H. F. Grainger, S. W. Isler and F. A. Woodard, for defendants."
    ],
    "corrections": "",
    "head_matter": "C. C. BARNES and others v. W. B. FORT and others.\nPractice \u2014 Evidenee-r-New Trial.\nWhere the Court below is requested to charge the jury that there is no evidence to support a certain allegation, and \u201cthe ease\u201d does not set out all the evidence so as to enable this Court to decide the question, a new trial will bo ordered.\nCivil Action tried at January Term, 1877, of \"Wayne Superior Court, before Seymour, J.\nThis action was instituted to establish a parol trust and to recover the rents and profits of certain lands mentioned in the pleadings, but as a new trial lias been ordered upon the ground that the case does not set out all the evidence touching the controversy, a statement of the facts is unnecessary.\nJudgment for the plaintiffs. Appeal by the defendants.\nMr. W. JV. JS. Smith, for plaintiffs.\nMessrs. H. F. Grainger, S. W. Isler and F. A. Woodard, for defendants.\nFaircloth, J, having been of counsel in the Court below, did not .sit on the hearing of this case."
  },
  "file_name": "0028-01",
  "first_page_order": 42,
  "last_page_order": 44
}