Thomas v. . Myers
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1882, of Beaufort Superior Court, before McKoy, J. The defendants offered in evidence, on the trial of the issues before the jury, a written acknowledgment purporting to come from one of the assignors of the plaintiff, and bearing the signature of the firm of which he was then a member, of the receipt of the defendants’ note for $650, due at six months on account; and underneath, upon the same page and of the same date and bearing the firm…
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Civil Action tried at Spring Term, 1882, of Beaufort Superior Court, before McKoy, J. The defendants offered in evidence, on the trial of the issues before the jury, a written acknowledgment purporting to come from one of the assignors of the plaintiff, and bearing the signature of the firm of which he was then a member, of the receipt of the defendants’ note for $650, due at six months on account; and underneath, upon the same page and of the same date and bearing the firm name, was an explanatory memorandum, addressed to the defendants, stating that in case the sale of the Taylor Gin should…
1Opinion of the CourtSmith, C. J.
The numerous adjudications heretofore made, that this court will not revise and reverse the exercise of a power committed to the discretion of the judge of the superior court, would seem to render superfluous any discussion or'reference to precedents, and the granting or refusing a motion for a new trial, not involving the determination of a question of law, it is well settled, belongs to this class and is not subject to review on appeal.
“ The new trials which have been awarded here,” is the language of Henderson, J., in Bank v. Hunter, 1 Dev., 100, “ were in cases where there was some error…
2Cases cited3 opinions
- Moore v. EdmistonSupreme Court of North Carolina · 1874
- Quincey v. . PerkinsSupreme Court of North Carolina · 1877
- Long v. . GoochSupreme Court of North Carolina · 1882
3Cited by12 opinions
- Britt v. AllenSupreme Court of North Carolina · 1977
- Goodman v. . GoodmanSupreme Court of North Carolina · 1931
- Carson v. . DellingerSupreme Court of North Carolina · 1884
- Abernethy v. Yount.Supreme Court of North Carolina · 1905
- Johnson v. Reformers.Supreme Court of North Carolina · 1904
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