Herndon v. Imperial Fire Insurance
Supreme Court of North Carolina
This is a motion by defendant to rehear this cause, argued' before the Court in banc, upon the ground that Rule 58, which requires the endorsement of a member of the Court before a rehearing is granted, is contrary to law.
1Opinion of the Court
Olakk, J.:
The moving party contends that The Code, §966, gives the losing party an absolute right to file a petition to rehear, and that it must be considered by the whole Courts If it be conceded that this section is conclusive and bears the .construction placed upon it, the mover is out of Court on his own showing, as this motion was not made in vacation, nor within the first twenty days of this term. But passing by that vital objection, if “ filing ” within the meaning of that statute is to be construed as meaning that every petition to rehear must perforce be considered by every member of…
2Cases cited2 opinions
- Watson v. . DoddSupreme Court of North Carolina · 1875
- Horton v. . GreenSupreme Court of North Carolina · 1889
3Cited by26 opinions
- Ex Parte McCownSupreme Court of North Carolina · 1905
- West v. RailroadSupreme Court of North Carolina · 1906
- Jones v. Eastern Michigan MotorbusesMichigan Supreme Court · 1939
- State v. FurmageSupreme Court of North Carolina · 1959
- Calvert v. Carstarphen.Supreme Court of North Carolina · 1903
21 more not listed; retrieve them via the Exa API.