Cannon v. . Beemer
Supreme Court of North Carolina
This was an action of Debt, tried on the last Spring Circuit at Wake, where the plaintiff obtained a verdict, which was set aside, upon the payment of the costs of the term.
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This was an action of Debt, tried on the last Spring Circuit at Wake, where the plaintiff obtained a verdict, which was set aside, upon the payment of the costs of the term. Directly after the rule was made absolute, one of the defendants applied to the clerk, and paid him his costs ; during the term, several witnesses, who were examined on the trial, proved and filed their tickets— The defendant who paid the cost, made no enquiry of the clerk, as to the costs of the witnesses-; neither did the clerk give him any information relative to them,— No notice of the tickets being filed was given,…
1Opinion
The granting a new trial, and the terms of it, were altogether in the discretion of the Superior Court, where the rule was made, and so also was the enlarging the rule, or the refusal to enlarge it, (364) at the subsequent term. We should indeed in the case stated in the record, if that be all, have been disposed to enlarge the rule in this case; but I am not as capable of forming as correct an opinion as the judge who presided and knew the value of the controversy, and all other circumstances, and as it is a matter of discretion, his must determine the question, and not ours. The judgment…
2Cases cited3 opinions
- Henry v. . CannonSupreme Court of North Carolina · 1882
- Phillips v. . LentzSupreme Court of North Carolina · 1880
- Bright v. . SuggSupreme Court of North Carolina · 1834