Horace Gray

“ The only instructions which the plaintiff asked, and to the refusal of which he excepted, were the specific one 'that there was no evidence that the defendant's [apparently meaning the defendant's lands] were worth' that sum, and the general one 'that, upon the whole evidence, the plaintiff was entitled to recover.' The instructions given were not excepted to, and it does not appear for what supposed error in them a new trial was moved for and refused. ”

“ Nor does it appear that he brought any constitutional question before the supreme court of the state. No reasons of his appeal to that court are stated in the record; and the official report of its opinion shows that no counsel for the plaintiff argued the case before that court. 101 N. C. 332, 335, 7 S. E. 795. Under these circumstances, the fact that in that opinion the construction and validity of the statute were treated as settled by the ruling in the earlier case of McCanless v. ”