Quincey v. . Perkins
Supreme Court of North Carolina
Practice — New Trial — Absence of Witness. Civil Actioh, tried at August Special Term, 1876, of '«G-RANVILle Superior Court, before Seymour, J. On the trial in the Court below the plaintiff read his complaint and the defendant his answer and each rested his «■case. Under instructions of the Court the jury found a special yerdict in favor of plaintiff for $562.16 subject to the opinion ■of His Honor.
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Practice — New Trial — Absence of Witness. Civil Actioh, tried at August Special Term, 1876, of '«G-RANVILle Superior Court, before Seymour, J. On the trial in the Court below the plaintiff read his complaint and the defendant his answer and each rested his «■case. Under instructions of the Court the jury found a special yerdict in favor of plaintiff for $562.16 subject to the opinion ■of His Honor. The counsel for defendant then made a motion for a new trial upon the ground previously taken by him for a con■tinuance, to-wit; the absence of a material witness. His Honor being of opinion that…
1Opinion of the Court
RodmaN, d.
The defendant moved for a'continuance on ■the ground of the absence of his material witness. This motion was refused by the Judge. The defendant was thus-compelled to go to trial, and inasmuch as by his answer he had admitted the execution of the note sued on and that a part of it remained unpaid and as he could not give any evidence of his defence in avoidance, the jury of course found for the plaintiff. The defendant moved for a new trial on the same ground on which he had moved for a continuance,, and the Judge set aside the verdict and granted a new triaL It was argued by Mr.…
2Cited by6 opinions
- Turner v. Davis.Supreme Court of North Carolina · 1903
- Abernethy v. Yount.Supreme Court of North Carolina · 1905
- Thomas v. . MyersSupreme Court of North Carolina · 1882
- Hardy v. Hardy.Supreme Court of North Carolina · 1901
- Hardy v. Hardy.Supreme Court of North Carolina · 1901
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