Daniels v. . Fowler
Supreme Court of North Carolina
Civil action tried before Norwood, J., at May Term, 1898, of the Superior Court of PaMlico County. The action was instituted by the plaiht'iff as administrator de bonis non of S. H. Fowler and' guardian of his children to set aside a deed of trust from S. H. Fowler to defendant Baxter, and for an account as to matters relating to this deed and the administration of defendant, C. H. Fowler, former administrator upon the estate of S. H. Fowler.
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Civil action tried before Norwood, J., at May Term, 1898, of the Superior Court of PaMlico County. The action was instituted by the plaiht'iff as administrator de bonis non of S. H. Fowler and' guardian of his children to set aside a deed of trust from S. H. Fowler to defendant Baxter, and for an account as to matters relating to this deed and the administration of defendant, C. H. Fowler, former administrator upon the estate of S. H. Fowler. The jury havingfound in response to one of the issues éubmitted — Q. Was the execution of the said deed of trust procured by the fraud and undue…
1Opinion of the CourtMontgomery, J.
Upon the call of 'this case in this Court, the counsel of the defendants made a motion, based on affidavits, for á new trial on the ground of having discovered, material evidence - since the case was docketed in this Court. The application is founded on the alleged misconduct of' one or more of the jurors. The instances indeed are few where this Court has granted a new trial for such cause. In Davenport v. McKee, N. C., 500, the Court said on this subject, “The only case in which a new trial will be granted in this Court is the discovery of such new evidence as was proper to be heard by the'…
2Cases cited1 opinion
- Neal v. . BecknellSupreme Court of North Carolina · 1881
3Cited by10 opinions
- In re T.R.P.Supreme Court of North Carolina · 2006
- Clark v. ClarkSupreme Court of North Carolina · 1980
- Martin v. . KnightSupreme Court of North Carolina · 1908
- Brown v. First National BankSupreme Court of Colorado · 1911
- Ridley v. RailroadSupreme Court of North Carolina · 1899
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