Moore v. . Gulley
Supreme Court of North Carolina
Aptbal in civil action from judgment sustaining a demurrer, before Biggs, J., at January Term, 1907, of Superior Court of EbaNKLIN County. Tbis action was brought to set aside a verdict and judgment and for a new trial in a former action between the same parties for tbe recovery of a tract of land, in wbicb the present defendant was plaintiff and the present plaintiff was defendant.
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Aptbal in civil action from judgment sustaining a demurrer, before Biggs, J., at January Term, 1907, of Superior Court of EbaNKLIN County. Tbis action was brought to set aside a verdict and judgment and for a new trial in a former action between the same parties for tbe recovery of a tract of land, in wbicb the present defendant was plaintiff and the present plaintiff was defendant. It is alleged,' substantially, that the defendant swore falsely as to the boundaries of the land in dispute, in that he testified that he had surveyed the same and run a line, and that according to .the survey and…
1Opinion of the Court
Walker, J.,
after stating the case: The general doctrine, as heretofore approved by this Court when we had separate jurisdictions of law and equity, was that if. a verdict be obtained in an action at law by fraud, circumvention or perjury, a court of equity might decide that the party should consent to set aside such verdict and have the matter tried de novo in the court of common law; in other words, a court ,of equity could require a party to give his adversary a new trial, but this power was exercised with extreme caution and the application of the doctrine greatly restricted, and it was…
2Cases cited5 opinions
- Burgess v. LovengoodSupreme Court of North Carolina · 1856
- Horne v. . HorneSupreme Court of North Carolina · 1876
- Stockton v. . BriggsSupreme Court of North Carolina · 1860
- Dyche v. PattonSupreme Court of North Carolina · 1852
- Powell v. . WatsonSupreme Court of North Carolina · 1849
3Cited by12 opinions
- Boring v. OttWisconsin Supreme Court · 1909
- Carpenter v. CarpenterSupreme Court of North Carolina · 1956
- Horne v. . EdwardsSupreme Court of North Carolina · 1939
- McCoy v. . JusticeSupreme Court of North Carolina · 1930
- Gillikin v. SpringleSupreme Court of North Carolina · 1961
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