Kincade v. . Conley
Supreme Court of North Carolina
Bill in Equity to impeach a former decree, heard by Mitchell, J., upon pleadings and proofs, at Fall Term 1869 of Burke Court. The case is the same with that reported, upon an interlocutory point, in Phillips’ Equity, p. 270. A principal question between the parties, was, whether the decree in the former suit (Win. Eq. 44) so far as it charged the present plaintiff's with certain Confederate money received by them officially, should stand.
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Bill in Equity to impeach a former decree, heard by Mitchell, J., upon pleadings and proofs, at Fall Term 1869 of Burke Court. The case is the same with that reported, upon an interlocutory point, in Phillips’ Equity, p. 270. A principal question between the parties, was, whether the decree in the former suit (Win. Eq. 44) so far as it charged the present plaintiff's with certain Confederate money received by them officially, should stand. The opinion here seems to require no statement of facts. The injunction previously granted (See Phil. Eq. 270)-having been dissolved by his Honor in the…
1Opinion of the Court
Peakson, O. J.
If a plaintiff at law obtains a verdict on false testimony, it is against conscience for him to enforce the judgment. Courts of Equity relieve the defendant by a decree that the plaintiff consenttoset aside the verdict andjudgment, and have the case tried at law de novo. This is the primary equity. An injunction to restrain execution is auxiliary. Whether the bill will be entertained, except upon an allegation, that the witness who swears falsely, has been convicted of perjury, is a point about which the authorities are not agreed.
So, if a plaintiff at law obtains a verdict and…
2Cases cited1 opinion
- State Ex Rel . Cummings v. . MebaneSupreme Court of North Carolina · 1869
3Cited by4 opinions
- Grantham v. . KennedySupreme Court of North Carolina · 1884
- Grant v. . EdwardsSupreme Court of North Carolina · 1883
- Conly v. . KincaidSupreme Court of North Carolina · 1864
- Grant v. . EdwardsSupreme Court of North Carolina · 1884