Salmon Ex Rel. Rogers v. McLean
Supreme Court of North Carolina
This was an appeal from a Justice’s judgment, tried before Bynum, J.*and a jury, at the November Term, 1894, of the Superior Court of HakNett County.
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This was an appeal from a Justice’s judgment, tried before Bynum, J.*and a jury, at the November Term, 1894, of the Superior Court of HakNett County. Long, a witness for the plaintiff, testified that he was a Justice of the Peace during the year 1887. That on the 12th day of April, 1887, he rendered a judgment in favor of S. A. Salmon against defendant D. H. McLean, on a note for the sum of §171.67 ; that he had a rehearing of the case on May 2, 1887, and again gave the same judgment. Upon his cross-examination witness testified that he did not remember whether the application for the…
1Opinion of the Court
Claeic, J.:
A new trial can not be granted by a justice of the peace {The Code, 865), but in the cases mentioned in The Code, 845, a rehearing may be allowed. Froneberger v. Lee, 66 N. C., 333; Gambill v. Gambill, 89 N. C., 201; Guano Company v. Bridgers, 93 N. C., 439. Though the judgment was first rendered 12 April, 1887, a rehearing was granted and the new judgment was rendered 2 May, 1887. The statute ran from the 2 May because the first judgment was vacated by the rehearing. This action was begun April 30, 1894, which was within the seven years limited by statute. Oode, Sec. 153 (1). The…
2Cases cited3 opinions
- Navassa Guano Co. v. BridgersSupreme Court of North Carolina · 1885
- Wm. Froneburger v. . H. D. Lee .Supreme Court of North Carolina · 1872
- Gambill v. . GambillSupreme Court of North Carolina · 1883