Peebles v. . Peebles and Horton
Supreme Court of North Carolina
Issue, sent from the Supreme Court sitting in Equity at January Term last, to be tried at Wake, tried by Watts, J., at Spring Term 1869. The plaintiff, as creditor of Joseph Peebles, had filed a bill against the defendants, charging fraud in a certain conveyance of lands from such debtor to Horton, in February 1865. The defence was that Joseph Peebles owed Horton also, and had conveyed the land bona fide to pay the debt.
Read the full summary
Issue, sent from the Supreme Court sitting in Equity at January Term last, to be tried at Wake, tried by Watts, J., at Spring Term 1869. The plaintiff, as creditor of Joseph Peebles, had filed a bill against the defendants, charging fraud in a certain conveyance of lands from such debtor to Horton, in February 1865. The defence was that Joseph Peebles owed Horton also, and had conveyed the land bona fide to pay the debt. Upon the case being opened in the Supreme Court at last term, an issue was ordered to be tried at law between JessePeebles as plaintiff, and Joseph A. Peebles and Charles H.…
1Opinion of the CourtPearsON, C. J.
There has been no instance since the institution of the Supreme Court of the State of North Carolina, in which the Court has ordered a new trial in a case at law, or a second trial of an issue directed by the Court acting in equity, upon the ground that the first verdict was against the weight of the evidence.
In a case at law, the Judge of the Superior Court who presides at the trial, and can see and know everything connected with it, and all of the surroundings, has a discretion to order a new trial, if, in his opinion, the verdict be the result o'f prejudice, or of surprise, or of…
2Cited by3 opinions
- Ferrall v. . BroadwaySupreme Court of North Carolina · 1886
- Rogers v. . GoodwinSupreme Court of North Carolina · 1870
- Reid v. . BarnhartSupreme Court of North Carolina · 1853