State ex rel. Brown v. Mitchell
Supreme Court of North Carolina
Civil actioN, tried before MacRae, J., at the February Term of the Superior Court of Hertford County. The defendant is the Sheriff of Hertford County, and the plaintiff brings suit on his bond to recover damages, alleging that defendant, having an execution in the case of Wynne v. Brown (the plaintiff in this action), wrongfully took possession of certain goods and chattels of Elizabeth Brown (the feme plaintiff in this action), and converted the same to his own use; and…
Read the full summary
Civil actioN, tried before MacRae, J., at the February Term of the Superior Court of Hertford County. The defendant is the Sheriff of Hertford County, and the plaintiff brings suit on his bond to recover damages, alleging that defendant, having an execution in the case of Wynne v. Brown (the plaintiff in this action), wrongfully took possession of certain goods and chattels of Elizabeth Brown (the feme plaintiff in this action), and converted the same to his own use; and that the property, at the time of the seizure and conversion, was worth $750. The defendant denied the alleged conversion,…
1Opinion of the CourtAvery, J.
(after stating the case). When a party to an action moves in the Superior Court, before the end of the trial term, for a new trial, on account of testimony discovered after the rendition of verdict, the motion is addressed to tlie sound discretion of the presiding Judge, and, if he rests his refusal to grant it solely upon his discretionary power, his decision is not reviewable in the appellate court. Carson v. Dellinger, 90 N. C., 226. So, where a party moves -for a new trial in the Supreme Court, on the ground that he has discovered, since the expiration of the trial term below, new and…
2Cases cited14 opinions
- McLeod v. . BullardSupreme Court of North Carolina · 1881
- Carson v. . DellingerSupreme Court of North Carolina · 1884
- Gilchrist v. . KitchenSupreme Court of North Carolina · 1882
- Reiger v. . DavisSupreme Court of North Carolina · 1872
- March v. . VerbleSupreme Court of North Carolina · 1878
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Helms v. . GreenSupreme Court of North Carolina · 1890
- Woodruff v. . BowlesSupreme Court of North Carolina · 1889
- Murdock v. Carolina, Clinchfield & Ohio RailroadSupreme Court of North Carolina · 1912
- Peeler v. . PeelerSupreme Court of North Carolina · 1891
- Eddleman v. . LentzSupreme Court of North Carolina · 1911
14 more not listed; retrieve them via the Exa API.