Merchants National Bank v. Newton
Supreme Court of North Carolina
Appeal by defendant from Qoohe, J., at January Term, 1914, of Wake. In tbis action, pending in the Superior Court of Wake County, before his 'Honor, C. M. Cooke, judge, the same issue being presented as to the forgery of the note sued on, application was made for an order to inspect and photograph the note in question, and the motion was denied by the court, “all without prejudice,” and defendants excepted and appealed.
1Opinion of the CourtHoke, J.
A perusal of the statute will disclose that the question rests in the sound legal discretion of the court, and, as we find no such abuse of discretion on the part of his Honor as to raise a legal question for our decision, the judgment is affirmed.
We deem it not improper to say that this ruling is not to be considered as a final disposition of the matter. It is one of th'ose questions which, for good reasons shown, may be renewed in the progress of the cause, and,’ if presented under different conditions, may call for a different decision. In any event, it is open to the parties in this…
2Cited by8 opinions
- Star Manufacturing Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1942
- R. R. v. . Power Co.Supreme Court of North Carolina · 1920
- Dunlap v. London Guaranty & Accident Co.Supreme Court of North Carolina · 1932
- Evans v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1914
- Tillis v. Calvine Cotton Mills, Inc.Supreme Court of North Carolina · 1956
3 more not listed; retrieve them via the Exa API.