Brink v. . Black
Supreme Court of North Carolina
Civil AotioN for damages, tried at December (Special) Term, 1875, of the Superior Court of New HaNoveR county, his Honor, Judge Henry presiding. As the case is decided in this court upon a single point of law, it is deemed unnecessary to state all the facts as disclosed by the record. There was a verdict in favor of the defendant; whereupon the plaintiff moved the court for a new trial, upon the ground that the verdict was contrary to the weight of the evidence.
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Civil AotioN for damages, tried at December (Special) Term, 1875, of the Superior Court of New HaNoveR county, his Honor, Judge Henry presiding. As the case is decided in this court upon a single point of law, it is deemed unnecessary to state all the facts as disclosed by the record. There was a verdict in favor of the defendant; whereupon the plaintiff moved the court for a new trial, upon the ground that the verdict was contrary to the weight of the evidence. Upon the hearing, the motion was allowed,, and thereupon, the defendant appealed.
1Opinion of the CourtBrade, J.
The defendant had a verdict, and the Judge set it aside and granted a new trial; because in his opinion, it was against the weight of the evidence. The defendant appealed, and the only question is, can we review his Honor’s order. We have so often said that we cannot, that it is a matter of some surprise that we should have the question presented again.
When a Judge presiding at a trial below, grants, or refuses to grant, a new trial because of some question of “ law or legal inference” which he decides, and either party is dissatisfied with his decision of that matter of law or legal…
2Cases cited1 opinion
- Watts v. . BellSupreme Court of North Carolina · 1874
3Cited by17 opinions
- Worthington v. BynumSupreme Court of North Carolina · 1982
- In Re the Will of BuckSupreme Court of North Carolina · 1999
- Goodman v. . GoodmanSupreme Court of North Carolina · 1931
- Roberts v. HillSupreme Court of North Carolina · 1954
- Goldston v. ChambersSupreme Court of North Carolina · 1967
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