Legal Opinion

Smith v. . Moore

Supreme Court of North Carolina

Decided February 24, 1909PublishedCited by 11 opinions

PbtitioN to rehear, and motion for new trial for newly discovered evidence in this case, reported in 149 N. C., 185.

1Opinion of the Court

Clark, C. T.

After the opinion in this ease bad been certified down, the defendants filed a petition here to rehear, and a motion for new trial for newly discovered evidence.

A petition to rehear rests upon alleged error in the opinion, and requires, before it is docketed for consideration by the Court, the approval of one or more Justices, to whom it is submitted by the petition. Rule 53. This approval the two Justices to whom the petition was referred have felt impelled to decline.

A motion for a new trial for newly discovered evidence is a matter for the full Court,’ like all other motions.…

2Cases cited4 opinions

  1. Corporation Commission v. RailroadSupreme Court of North Carolina · 1904
  2. Black v. . BlackSupreme Court of North Carolina · 1892
  3. Turner v. Davis.Supreme Court of North Carolina · 1903
  4. Morehead Banking Co. v. MoreheadSupreme Court of North Carolina · 1900

3Cited by11 opinions

  1. State v. . CaseySupreme Court of North Carolina · 1931
  2. Ballard v. BallardSupreme Court of North Carolina · 1949
  3. State v. CaseySupreme Court of North Carolina · 1931
  4. Allen v. . GoodingSupreme Court of North Carolina · 1917
  5. Goodson v. . LehmonSupreme Court of North Carolina · 1945

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