Legal Opinion

Simmons v. . Mann

Supreme Court of North Carolina

Decided February 5, 1885PublishedCited by 21 opinions

Civil ACTION, tried at Spring Term, 1880, of Hyde Superior Court before Graves, J. The plaintiff brought this action to recover the money alleged to be due upon a single bond, executed by the defendant to the plaintiff, Joseph D. Simmons, guardian for two infant wards, dated t-lie 10th day of February, 1880, for the sum of $422.18. The defendant admitted the execution of the bond, but alleged that he paid on account of the same the sum of $500, and on the 7th day of July,…

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Civil ACTION, tried at Spring Term, 1880, of Hyde Superior Court before Graves, J. The plaintiff brought this action to recover the money alleged to be due upon a single bond, executed by the defendant to the plaintiff, Joseph D. Simmons, guardian for two infant wards, dated t-lie 10th day of February, 1880, for the sum of $422.18. The defendant admitted the execution of the bond, but alleged that he paid on account of the same the sum of $500, and on the 7th day of July, 1863, took from the obligee therein his receipt-in writing for that sum to be credited on the bond. The plaintiff, Joseph…

1Opinion of the Court

MerbimON, J.,

after stating the facts as above: The motion in this court for a new trial founded upon alleged newly discovered evidence, cannot be allowed. Such motions are treated with scrutiny, and the court is not disposed to grant them, except for substantial cause in cases that come strictly within the established rules of law applicable to them.

The evidence relied upon to support the motion is very general, indefinite and unsatisfactory in its character; it has no reference to the transaction in question, unless by remote inference; it may or may not refer to it. Besides, it is mainly…

2Cases cited1 opinion

  1. People ex rel. Oebricks v. Superior CourtNew York Supreme Court · 1830

3Cited by21 opinions

  1. State v. . CaseySupreme Court of North Carolina · 1931
  2. State v. CaseySupreme Court of North Carolina · 1931
  3. Walker v. . ScottSupreme Court of North Carolina · 1890
  4. State v. . StarnesSupreme Court of North Carolina · 1887
  5. Morgan v. Royal Benefit Society & Royal Fraternal Ass'nSupreme Court of North Carolina · 1914

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