Beville v. . Cox
Supreme Court of North Carolina
Civil action, tried at May Term, 1890, of Guilford Superior Court, Boykin, J., presiding. This action was brought to recover compensation for services by plaintiff to the testatrix of defendant, first tried on appeal from a Justice’s Court, before McEae, J., at August Term, 1890, upon the issue, “Is the defendant indebted to the plaintiff as alleged, ami if so, how much?” and from the judgment at that term there was an appeal to the Supreme Court and new trial granted.
Read the full summary
Civil action, tried at May Term, 1890, of Guilford Superior Court, Boykin, J., presiding. This action was brought to recover compensation for services by plaintiff to the testatrix of defendant, first tried on appeal from a Justice’s Court, before McEae, J., at August Term, 1890, upon the issue, “Is the defendant indebted to the plaintiff as alleged, ami if so, how much?” and from the judgment at that term there was an appeal to the Supreme Court and new trial granted. (107 N. C., 175.) Upon the last trial the plaintiff tendered the same issue on which the case had been tried before, and…
1Opinion of the Court
ClaRK, J.:
When this case went back for a new trial it was competent to admit additional evidence, or further pleadings and issues. Ashby v. Page, 108 N. C., 6. A new trial is on the whole merits (unless it is restricted to certain issues), and the Court below can proceed as if no former trial had taken place. McMillan v. Baker, 92 N. C., 110; Jones v. Swep son, 94 N. C., 700. Whether, however, the Court would permit the additional pleas asked by defendant, was in its discretion and not reviewable (Hinton v. Deans, 75 N. C., 18; Johnson v. Rowland, 80 N. C., 1), unless the Court put the…
2Cases cited13 opinions
- Neville v. . PopeSupreme Court of North Carolina · 1886
- Branch v. . HoustonSupreme Court of North Carolina · 1852
- McMillan v. . BakerSupreme Court of North Carolina · 1885
- Brown & Bros. v. IlliusSupreme Court of Connecticut · 1858
- Ashe v. . GraySupreme Court of North Carolina · 1883
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Honig v. . HawaSupreme Court of North Carolina · 1927
- Hunter v. Southern Railway Co.Supreme Court of North Carolina · 1913
- Beville v. . CoxSupreme Court of North Carolina · 1890