Munden v. . Casey
Supreme Court of North Carolina
Discretion of Judge — -New Trial. Civil ACTION tried before MacJRae, Judge, at Spring Term, 1885, of Superior Court of JOHNSTON county. The complaint charges the defendant with uttering certain malicious and defamatory words, specifically set out in several articles, imputing to the plaintiff the taking a false oath in a judicial trial, wherein he was examined and testified as a witness.
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Discretion of Judge — -New Trial. Civil ACTION tried before MacJRae, Judge, at Spring Term, 1885, of Superior Court of JOHNSTON county. The complaint charges the defendant with uttering certain malicious and defamatory words, specifically set out in several articles, imputing to the plaintiff the taking a false oath in a judicial trial, wherein he was examined and testified as a witness. The answer admits the speaking the words, -believing them to be true, but denies that they were spoken maliciously, or had injuriously affected the plaintiff’s reputation. Upon issues submitted to the jury…
1Opinion of the Court
Smith, C. J.,
(after stating the case as above). It is settled by the ruling in Carson v. Dillinger, 90 N. C., 226, in which case the subject underwent a careful and full consideration, that the refusal to grant a new trial upon the ground of evidence since discovered and made known, or the granting of it by the Judge, rested in his sound discretion and was not subject to review.
The authorities are therein discussed and the principles deduced, from which we have no disposition to depart, are decisive of the present appeal.
Nor can we entertain the same motion, made originally in this Court,…
2Cases cited2 opinions
- Carson v. . DellingerSupreme Court of North Carolina · 1884
- Sanderson v. . DailySupreme Court of North Carolina · 1880
3Cited by8 opinions
- State v. . CaseySupreme Court of North Carolina · 1931
- State v. CaseySupreme Court of North Carolina · 1931
- Redmond v. . SteppSupreme Court of North Carolina · 1888
- Black v. . BlackSupreme Court of North Carolina · 1892
- Estis v. . JacksonSupreme Court of North Carolina · 1892
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