30. Exceptions to evidence, and the reasons therefor, must be stated
in apt time; and it is not admissible to urge one objection at the
trial and a totally different one on appeal. Kidder v. McIlhenny,
123.

31. A party who fails to tender on the trial such issues as he deems
proper, cannot be heard on appeal to complain that the issues
submitted do not cover the entire case. Ibid.

32. Where an attorney abuses his privilege in addressing the jury
and the judge promptly stops him, a new trial will not be
granted. Cannon v. Morris, 139.

33. The affidavit upon which an injunction was asked alleged in sub-
stance that one J. T. died leaving several children, and that,
upon partition of his land in 1864, the share of his daughter E.
was charged with $2,114.25 for equality of division, payable to
E. J., another daughter; that several payments in reduction of
said charge were made to said E. J. who afterwards became in-
solvent; that in 1877, after the death of E., it was adjudged in
said cause that the share of E. be sold for the balance due E. J.;
that said E. left surviving her a husband and an infant son, now
parties defendant; that a proceeding had been pending for six
years in the probate court in which the administrator of J. T.
sought to sell his land for assets; Held,

(1) That as to the payments in reduction of the charge, it appear-
ing that they were made before the rendition of the judgment,
the defendants had a day in court to avail themselves of them,
and failing to do so they were not entitled to injunctive relief
against the consequences of their own laches. Jones v. Came-
ron, 154.

(2) That the law (Bat. Rev., ch. 84, § 9,) which provides that when
the share of an infant party to partition proceedings is charged
with any sum for equality of division the same shall not be pay-
able until such minor arrives at majority, has no application to
the facts of this case, as the dividend charged did not fall to the
infant defendant, but to his mother, and he took as her heir.
I bid.

(3) That with reference to the apprehended danger from the pro-
ceedings to sell for assets, it should be made to appear that
proceedings so long pending without decisive action were bona
fide, and that the land would probably have to be sold, before an
injunction would be authorized. Ibid.

34. On the trial of an action, if there be no evidence or if the evidence
be so slight as not reasonably to warrant the interference of the
fact in issue or furnish more than materials for a mere conjecture,
the court should not leave the issue to be passed on by the jury,

but should direct a verdict against that party on whom the burden
of proof is. Brown v. Kinsey, 245.

35. Defendant, one of the sureties on a guardian bond, upon the sug-
gestion of his counsel and the other defendants that the recovery
against him would be small and not of sufficient amount to justify
the expense of litigation, admitted the execution of the bond and
submitted to a reference to ascertain the extent of his liability.
The report, after undergoing a correction on motion of plaintiff,
charged the defendant with a sum considerably in excess of what
he had anticipated. New counsel employed by defendant filed ex
ceptions to the report, which were passed upon by the court, and
judgment was entered for about double the sum first reported as
due: Held, that the defendant was not entitled to have said judg-
ment set aside on the ground of "excusable neglect" under
C. C. P., § 133, in order to let in a plea of non est factum to such
bond. Hodgin v. Matthews, 289.

36. It is the duty of a party to be present in court at the trial of his
cause for the performance of matters outside the proper duties of
his attorney, such as to make affidavits for continuances and the
like; Hence, where a defendant, knowing that his case stood for
trial at a regular term of court, remained at his home thirty-seven
miles distant from the place of trial, expecting that his attorneys
would give him timely information as to when his presence would
be necessary, although they had never engaged to do so, and the
attorneys themselves failed to attend court, and the case was tried
in the absence of the defendant and his counsel, and judgment
rendered for the plaintiff ; It was held, that the defendant is not en-
titled to have such judgment set aside, on the ground of excusa-
ble neglect, under C. C. P., § 133. Cobb v. O'Hagan, 293.
37. A decree for the sale of land made in a special proceeding is not
conclusive upon a feme covert defendant whose husband is not
served with process nor otherwise made a party, or obtained leave
from the court to proceed without him. Gulley v. Macy, 356.
38. A decree in such case is not conclusive upon infant defendants
who were not served with process, but who were represented by
a guardian ad litem, appointed before the petition was filed on
nomination of plaintiff, and who filed an answer prepared for him
at plaintiff's instance and without inquiry as to the rights of the
infant defendants. Ibid.

39. Under the act incorporating the Carolina Central railway company,
and providing for the condemnation of land for the construction
and operation of the road (Laws 1872-3, ch. 75, §§ 9, 10,) it is the
duty of the commissioners appointed by the court, not only to as-
certain the value, but also the quantity, of the land which it is

necessary to appropriate; and the land owner does not waive his
right to insist on the performance of this duty by failing to answer
the allegations of the petitioner as to the quantity necessary. C.
C. R. R. Co. v. Love, 434.

40. The writ of error in criminal cases does not obtain in this state.
The only relief which a person convicted in an inferior court can
obtain from a court of supervisory jurisdiction is by appeal, or by
certiorari as a substitute therefor where, without laches, he has lost
his right of appeal. State v. Lawrence, 522.

41. Where a prisoner has been properly convicted but illegally sen-
tenced, and the case is brought to this court by appeal or other-
wise, and judgment reversed, he is not entitled to a discharge, but
the case will be sent back to the court below for such judgment as
the law allows. Ibid.

42. Where the punishment imposed by the sentence of a court is un-
authorized, the judgment will be reversed and the case remand-
ed to the end that a legal judgment may be pronounced. State
v. Thorne, 555.

43. A judge has no power to make an order in a criminal action after
the expiration of the term. State v. Alphin, 566.

44. A cause must be at issue before it can be removed from one
county to another for trial, but when the defendant, ore tenus,
pleads not guilty” and “former acquittal," the cause is at is-
sue on both pleas, and ready for instant trial, a general replica-
tion being implied. State v. Swepson, 571.

45. The cause being thus at issue, it is error for the court, ex mero
motu, to remand it for trial to the county from which it was re-
moved. Ibid.

46. Where there is a defect in the record of the cause as it stood in
the county from which it was removed, the proper course is to
move an amendment in that county, and upon suggestion of a
diminution of the record, to have the record brought up by cer-
tiorari to the court in which the cause stands for trial. Ibid.
47. A defendant who appealed from a judgment against him in a
criminal action is not entitled to a new trial (where the judge
who tried the case went out of office before making up a case of
appeal) upon an affidavit merely reciting that he was guilty of
no neglect, and failing to state any effort on his part to perfect
his appeal, and allowed two terms of this court to elapse before
making his application. State v. Fox, 576.

48. The necessity of doing justice arising from the duty of courts to
guard its administration against all fraudulent practices, is an
exception to the rule that a jury sworn in a capital case cannot

be discharged without the prisoner's consent until they have
given a verdict.

49. Therefore, where the jury were sworn and impaneled in a trial
for murder, and the court ordered a mistrial on the ground that
one of the jury had fraudulently procured himself to be selected
at the instance of the prisoner to secure an acquittal, it was held
that there was no jeopardy, and that an order remanding the
prisoner for another trial was proper. Ibid.

See Attachment, 3; Contract, 1; Evidence, 6; Husband and Wife,
1, 2; Indictment, 16, 17, 18; Judgment, 1, 2, 4, 6, 7; Jurisdic-
tion, 2; Partition, 2.

PRESUMPTION OF GRANT-See Action to recover land, 12.

PRIMA FACIE-See Office and Officer, 6.

PRINCIPAL AND SURETY-See Lien, 1.

PRIORITIES—See Judgment, 10, 13; Lien, 1.

PRIVILEGE OF COUNSEL-See Practice, 32.

PROBATE COURT-See Executors and Administrators, 2, 3.

PROCEEDINGS OF COURT-See Judgment, 6, 7.

PROCEEDINGS SUPPLEMENTARY TO EXECUTION-See Prac-
tice, 15 et seq.

PROCESS, wilful disobedience of-See Practice, 21.

PROMISE-See Contract, 2.

PROSECUTOR-See Indictment, 18; Judgment, 14.

PROVISO-See Indictment, 11.

PUBLIC ROAD-See Roads.

PUNISHMENT-See Indictment, 3; Practice, 41, 42

PURCHASER:

1. A purchaser of land, at a judicial sale made in execution of a deed
of trust and under decree in a cause properly constituted in'
court in which all who had any legal estate in the land were
parties, is entitled to recover possession of the land from the
heirs-at-law of the grantor although they were not parties to the
action in which the decree of sale was made. Isler v. Koonce,
378.

2. In such case the right of the heirs to require a resale and an ap-
propriation of the proceeds in excess of the sum paid to the ob-
jects of the trust, interposes no obstacle in the way of the pur-
chaser's obtaining possession of the land. Ibid.

See Action to recover land, 6; Execution Sale, (3); Judgment, 9;
Mortgagor and Mortgagee, 5.

PURCHASE MONEY-See Action to recover land, 2.

QUESTIONS OF FACT-Sec Practice, 27.

QUO WARRANTO-See Office and Officer.

RAILROADS-See Common Carriers; Indictment, 19; Master and
Servant; Negligence; Practice, 39; Taxes, 4.

RATIFICATION OF SALE-Sec Contract, 3 (1).

REASONABLE TIME-See Practice, 20.

REBUTTER-See Tenants in Common, 2.

RECEIVER-See Corporations, 1; Trusts and Trustees, 5 (5).

RECESS-See Practice, 9.

RECORD-See Action to recover land, 13.

REFERENCE AND REFEREE-See Practice, 12, 13, 14, 23, 24, 25.

REGISTRATION-See Mortgagor and Mortgagee, 5.

REHEAR-See Practice, 2, 3, 5, 6, 7.