Allen v. . Gooding
Supreme Court of North Carolina
Civil actioN, tried before Stacy, J., at June Term, 1917, of Cak-TERET. This was a motion for a new trial, upon tbe ground of newly discovered evidence. This action was tried before bis Honor, G. G. Lyon, Judge, and a jury, at October Term, 1916, of Carteret Superior Court.
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Civil actioN, tried before Stacy, J., at June Term, 1917, of Cak-TERET. This was a motion for a new trial, upon tbe ground of newly discovered evidence. This action was tried before bis Honor, G. G. Lyon, Judge, and a jury, at October Term, 1916, of Carteret Superior Court. There was a verdict in favor of tbe plaintiff upon tbe issues submitted, and judgment rendered by bis Honor, Judge Lyon, at said term, and appeal was taken from said judgment to tbe Supreme Court of North Carolina; and tbe opinion therein was filed 7 March, 1917, and certified to tbe Superior Court of Carteret County on…
1Opinion of the CourtAllen, J.
Affidavits were filed by tbe defendant before bis Honor, wbicb justified him in granting tbe motion for a new trial, if be bad authority in law to do so, and tbe decisions in this State sustain bis authority.
Tbe first case raising this question, after the changes in procedure following the adoption of the Constitution of 1868, was Bledsoe v. Nixon, 69 N. C., 81, in wbicb it was held that an appeal took the whole case to the Supreme Court, and that when an appeal was taken the Superior Court could not entertain the motion.
This continued to be the law until the act of 1887 was passed, and since…
2Cases cited6 opinions
- Matthews v. . JoyceSupreme Court of North Carolina · 1881
- Bledsoe v. . Nixon .Supreme Court of North Carolina · 1873
- Black v. . BlackSupreme Court of North Carolina · 1892
- Smith v. . MooreSupreme Court of North Carolina · 1909
- Lancaster v. . BlandSupreme Court of North Carolina · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. . CaseySupreme Court of North Carolina · 1931
- State v. . LeaSupreme Court of North Carolina · 1932
- State v. . HartsfieldSupreme Court of North Carolina · 1924
- State v. CaseySupreme Court of North Carolina · 1931
- Godfrey v. Queen City Coach Co.Supreme Court of North Carolina · 1931
14 more not listed; retrieve them via the Exa API.