Legal Opinion

Harris v. Chapman

Supreme Court of North Carolina

Decided September 30, 1953Published

1Per curiam

Tbe showing made by tbe defendant on bis motion meets tbe requirements for a new trial for newly discovered evidence. Tbe motion is allowed. See Chrisco v. Yow, 153 N.C. 434, top p. 436, 69 S.E. 422; Moore v. Tidwell, 193 N.C. 855, 138 S.E. 407. Tbis renders moot tbe questions presented by tbe appeal and restores tbe status quo as it existed immediately before tbe bearing before Judge Bone. Tbe cause will be remanded for hearing de no.vo on defendant’s motion (1) to set aside tbe judgment by default and inquiry entered by tbe Clerk, (2) to set aside tbe final judgment entered at tbe February…

2Cases cited4 opinions

  1. Chrisco v. . YowSupreme Court of North Carolina · 1910
  2. Herndon v. North Carolina RailroadSupreme Court of North Carolina · 1897
  3. Franklin v. Crossnore SchoolSupreme Court of North Carolina · 1938
  4. Moore v. . TidwellSupreme Court of North Carolina · 1927

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