Harrison v. Chappell
Supreme Court of North Carolina
Civil ActioN of claim and delivery tried at Spring Terra, 1880, of Beaufort Superior Court, before Graves, J. The aetion was brought by the pi intiff to recover the possession of two seines, the one known as the 700 yard seine, and the other as the 1200 yard seine,- which the plaintiff alleged had been unlawfully taken- from him and the possession thereof unlawfully withheld by the defendant firm.
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Civil ActioN of claim and delivery tried at Spring Terra, 1880, of Beaufort Superior Court, before Graves, J. The aetion was brought by the pi intiff to recover the possession of two seines, the one known as the 700 yard seine, and the other as the 1200 yard seine,- which the plaintiff alleged had been unlawfully taken- from him and the possession thereof unlawfully withheld by the defendant firm. The defendant claimed' title and the right of possession to the same by virtue of a mortgage executed by plaintiff to defendant firm on the 27th of March, 1879, to secure a debt of eight hundred…
1Opinion of the CourtAshe, J.
We find nothing in the several grounds relied upon to sustain the motion for a new trial, which would warrant this court in reversing the judgment and granting a venire de novo.
As to the first ground : It has been so repeatedly decided that the superior court only can grant a new trial on the *263ground that the verdict of the jury is against the weight ©f evidence that it is unnecessary to cite any authority.
The second ground is equally untenable, and in answer to it, it is only neeessary to refer to the statemontof the case and the evidence therein set forth.
As to the third ground that the jury…
2Cases cited1 opinion
- Morgan v. . SmithSupreme Court of North Carolina · 1877
3Cited by4 opinions
- State v. . SteeleSupreme Court of North Carolina · 1925
- Horah v. . KnoxSupreme Court of North Carolina · 1882
- State v. SteeleSupreme Court of North Carolina · 1925
- Branton v. . O'BriantSupreme Court of North Carolina · 1885