Supreme Court of North Carolina June 5, 1878 (Tankard v. . Tankard)

Faircloth, J.

His Honor ordered a new trial on the ground that the issues were confused, and he could render no judgment. From this order the plaintiff appealed, and says he is entitled to a judgment according to the verdict on the second and third issues, notwithstanding the verdict on the other issues and the facts admitted in the pleadings.