Jones v. . Parker
Supreme Court of North Carolina
Civil action, tried before Shipp, Judge, and a jury, at Fall Term, 1886, of Gates Superior Court. There was a judgment for the defendant, and the plaintiffs appealed. The facts appear in the opinion.
1Opinion of the CourtDavis, J.
-There is no error assigned in the record, but a motion was made for a new trial, based upon affidavits filed by some of the jurors, that they did not concur in the verdict, and by others that they did not understand portions of the charge of the Court.
Counter-affidavits by other members of the jury were also' filed. The case states, that “ the Court, considering the affidavits fully, and acting upon personal knowledge of what transpired in Court, in the exercise of its discretion, refused the motion.”
The granting of a new trial, when a matter of discretion, as in this case, is purely a…
2Cases cited1 opinion
- State v. . SmallwoodSupreme Court of North Carolina · 1878
3Cited by11 opinions
- Goodman v. . GoodmanSupreme Court of North Carolina · 1931
- Bird v. Bradburn.Supreme Court of North Carolina · 1902
- State v. HollingsworthSupreme Court of North Carolina · 1964
- McCabe Lumber Co. v. Beaufort County Lumber Co.Supreme Court of North Carolina · 1924
- Abernethy v. Yount.Supreme Court of North Carolina · 1905
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