McGowan v. . Harris
Supreme Court of North Carolina
Civil actiot, tried before Graham, J., at December Term, 1896, of Pitt Superior Court. There was judgment for the defendants and plaintiff appealed. His Honor addressed the following statement to this court: “The notes taken by myself, which were very copious, were not sent to me with the other papers in the cause, and upon inquiry I fina they have been mislaid or lost.
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Civil actiot, tried before Graham, J., at December Term, 1896, of Pitt Superior Court. There was judgment for the defendants and plaintiff appealed. His Honor addressed the following statement to this court: “The notes taken by myself, which were very copious, were not sent to me with the other papers in the cause, and upon inquiry I fina they have been mislaid or lost. “In a cause of this importance I am not willing to trust to my memory to set forth the evidence in detail as should be done, in justice to both parties, and I therefore request your Honorable Court to order a new trial.”
1Opinion of the Court
Douglas, J.:
In this case the judge below certifies that the notes taken by him on the trial have been mislaid or lost; that be is not willing to trust to his memory to set forth the evidence in detail, as should be done, in justice to both parties, and he therefore requests this court to order a new trial. There is no appearance of laches or fraud on the part of the appellants, and in such cases it is the well settled practice of this court to order a new trial. In the leading case of State v. Powers, 10 N. C., 376, the opinion delivered by Taylor, C. J., says: “It appears from the…
2Cases cited6 opinions
- Isler v. . Haddock .Supreme Court of North Carolina · 1875
- Simmons v. . AndrewsSupreme Court of North Carolina · 1890
- Sanders v. . NorrisSupreme Court of North Carolina · 1880
- Owens v. . PaxtonSupreme Court of North Carolina · 1890
- Burton v. . GreenSupreme Court of North Carolina · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. . RobinsonSupreme Court of North Carolina · 1907
- State v. . PowersSupreme Court of North Carolina · 1824
- State v. . RobinsonSupreme Court of North Carolina · 1907
- Wagner ex rel. Wagner v. EudySupreme Court of North Carolina · 1962