Dyche v. . Patton
Supreme Court of North Carolina
Cause transmitted from the Court of Equity of Cherokee county. The bill alleges that the plaintiffs were sued in an action of trover, by the defendant, to the Superior Court of Macon county, for the conversion of certain store-goods, to which the defendant set up title as a purchaser from Morris and Colvert; that the plaintiffs were constables in the county of Cherokee, and having judgments and executions in their hands against the said firm of Morris and Colvert, they…
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Cause transmitted from the Court of Equity of Cherokee county. The bill alleges that the plaintiffs were sued in an action of trover, by the defendant, to the Superior Court of Macon county, for the conversion of certain store-goods, to which the defendant set up title as a purchaser from Morris and Colvert; that the plaintiffs were constables in the county of Cherokee, and having judgments and executions in their hands against the said firm of Morris and Colvert, they levied upon these goods, and having sold them, applied the proceeds to the satisfaction of the executions in their hands;…
1Opinion of the CourtNash, C. J.
Tbe bill, in substance, is to procure a new trial of a cause which bad been previously tried between tbe parties, in tbe Superior Court of Macon county, upon tbe ground, that tbe verdict was obtained on tbe evidence of one Gideon Morris, who had committed perjury in swearing to the facts he did. The bill charges that the defendants, Patton and Col vert, were guilty of subornation of perjury, in procuring Morris to give such evidence. The power of a court of equity to interfere, by granting a new trial, when the judgment had been obtained, at law, by perjury, is not denied. This doctrine was…
2Cited by8 opinions
- State v. . LeaSupreme Court of North Carolina · 1932
- Carpenter v. CarpenterSupreme Court of North Carolina · 1956
- Horne v. . EdwardsSupreme Court of North Carolina · 1939
- McCoy v. . JusticeSupreme Court of North Carolina · 1930
- Gillikin v. SpringleSupreme Court of North Carolina · 1961
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