England v. . Duckworth
Supreme Court of North Carolina
Civil Action, tried before Cannon, J., at Fall Term, 1875, of the Superior Court of Transylvania County. The facts pertinent to the decision of this Court are set out in the opinion of Justice Rodman. There was judgment for the defendant, and the plaintiff appealed.
1Opinion of the CourtRodman, J.
The plaintiff recovered a judgment for $44.18 before a Justice of the Peace, and the defendant appealed. There was a trial de novo in the Superior Court, where the jury found a verdict for the plaintiff, and a judgment was entered accordingly. At the same term of the Court the defendant moved for a new trial, whereupon the Judge ordered that the motion be continued until the next term, and that the judgment be stricken out, and that the plaintiff be allowed to take the deposition of a certain witness. At the next term the Judge granted a new trial, and the plaintiff appealed.
We are of opinion…
2Cited by4 opinions
- Beck v. . BellamySupreme Court of North Carolina · 1885
- State v. . BennettSupreme Court of North Carolina · 1885
- Clemmons v. . FieldSupreme Court of North Carolina · 1888
- Manufacturers' Finance Acceptance Corp. v. JonesSupreme Court of North Carolina · 1932