Legal Opinion

Stilley v. Goldsboro Planing Mills Co.

Supreme Court of North Carolina

Decided March 26, 1913PublishedCited by 12 opinions

Appeal from Ferguson, J., at November Term, 1912, of Wayne. Motion in above cause to set aside verdict and judgment and to grant a new trial upon the ground of newly, discovered evidence. Judge Ferguson granted the motion and set aside the judgment. The plaintiff appealed.

1Opinion of the CourtBrown, J.

At October Term, 1912, of Wayne Superior Court plaintiff obtained judgment in a trial before Ferguson, J., against defendant for damages on account of a personal injury. Defendant appealed, and was given sixty days within which to serve case on appeal. The case was never served and the appeal was abandoned.

At the same term of court the defendant, in the absence of counsel for the plaintiff, moved the court to strike out the judgment and set aside the verdict, “upon the ground of newly discovered testimony.” This motion was continued by the trial judge, “at the suggestion of counsel for the…

2Cases cited3 opinions

  1. Chrisco v. . YowSupreme Court of North Carolina · 1910
  2. Knowles v. Savage.Supreme Court of North Carolina · 1906
  3. Bullock v. Lake Drummond Canal & Water Co.Supreme Court of North Carolina · 1903

3Cited by12 opinions

  1. State v. . CaseySupreme Court of North Carolina · 1931
  2. State v. CaseySupreme Court of North Carolina · 1931
  3. State v. . EdwardsSupreme Court of North Carolina · 1934
  4. Crane v. . CarswellSupreme Court of North Carolina · 1933
  5. Crissman v. . PalmerSupreme Court of North Carolina · 1945

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