Horne v. . Horne
Supreme Court of North Carolina
T-his was a Petition to re-bear the same cause, between the same parties, heretofore decided in this Court, to-wit.: at January Term, 1875. The grounds upon which a re-hearing ¡is now asked will he found in the opinion delivered by -Justice Bynum ; and the ■facts of the case are fully stated in the report of the same in 7.2 N. C. Rep., 536.
1Opinion of the CourtBynum, J.
The case of Horne v. Horne, 72 N. C. Rep., 530, was determined finally by this Court, and the decision in Jarman v. Saunders, 64 N. C. Rep., 367, and Bledsoe v. Nixon, 69 N. C. Rep., 81, is authority for the present application and motion here. But the allo wance of the motion to vacate the judgment and grant á new trial, for newly discovered evi- deuce, and for matter occurring since the trial and final' judgment, under the supervisory power and equitable jurisdiction of this Court, is a matter of sound discretion, in the exercise of which the Court will be governed by the peculiar…
2Cases cited3 opinions
- Jarman v. . SaundersSupreme Court of North Carolina · 1870
- Bledsoe v. . Nixon .Supreme Court of North Carolina · 1873
- Horne v. . HorneSupreme Court of North Carolina · 1875
3Cited by6 opinions
- Black v. . BlackSupreme Court of North Carolina · 1892
- Moore v. . GulleySupreme Court of North Carolina · 1907
- Kinsland v. . AdamsSupreme Court of North Carolina · 1916
- Wiley v. . LoganSupreme Court of North Carolina · 1886
- People v. CohenNew York Supreme Court · 1921
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