State Ex Rel. Davenport v. McKee
Supreme Court of North Carolina
This action was begun in the county of Gaston and removed to CleavelaND, where it was tried before McRae, Judge, at Pall Term, 1887, of the Superior Court.
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This action was begun in the county of Gaston and removed to CleavelaND, where it was tried before McRae, Judge, at Pall Term, 1887, of the Superior Court. The defendant was sheriff of Gaston county for the term of two years, beginning on December 6th, 1880, and ending on the 4th day of the same month in 1882. During this period he gave three bonds, one of twelve thousand dollars on the day of his entering into office, a. second on September 3d, 1881, of seventeen thousand dollars, the last on September, 23d, 1882, of thirteen thousand dollars, all payable to the State, and with a condition…
1Opinion of the Court
Smith, C. J.,
(after stating the case). Upon the hearing in this Court and preliminary to entering upon the merits, the defendant asked for a new trial upon evidence discovered since the transfer of the cause to this Court by the appeal, and when by the adjournment of the Superior Court it had passed out of its jurisdiction, so that no relief could there be obtained. The application is based upon the alleged misconduct of a juror in swearing that he had formed and expressed no opinion adverse to the defendants, when soon after the former trial, which the juror had heard, he declared that if he…
2Cases cited7 opinions
- Barnhardt v. . SmithSupreme Court of North Carolina · 1882
- State v. . VoightSupreme Court of North Carolina · 1884
- State v. StarnesSupreme Court of North Carolina · 1886
- Badger v. . DanielSupreme Court of North Carolina · 1878
- Bridgers v. . BridgersSupreme Court of North Carolina · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Ivey v. Cotton Mills.Supreme Court of North Carolina · 1906
- Willeford v. Bailey.Supreme Court of North Carolina · 1903
- Williamson v. Jones.Supreme Court of North Carolina · 1900
- State v. LilesSupreme Court of North Carolina · 1904
- Sugg v. St. Mary's Oil Engine Co.Supreme Court of North Carolina · 1927
12 more not listed; retrieve them via the Exa API.