Black v. . Black
Supreme Court of North Carolina
This is a MOTION made by the defendant W. Ii. Black for a new trial in the above-entitled case, because of newly discovered evidence, and was heard before Graves, J., at August Term, 1892, of MeckleNburg Superior Court, upon affidavits filed by the defendant. The case was tried at August Term, 1891, of said Court, and from the verdict and judgment against the defendant he appealed to the Supreme Court.
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This is a MOTION made by the defendant W. Ii. Black for a new trial in the above-entitled case, because of newly discovered evidence, and was heard before Graves, J., at August Term, 1892, of MeckleNburg Superior Court, upon affidavits filed by the defendant. The case was tried at August Term, 1891, of said Court, and from the verdict and judgment against the defendant he appealed to the Supreme Court. The case was there heard, and the judgment affirmed at February Term, 1892, of the Supreme Court. See 110 N. C., 398. The certificate and opinion of the Supreme Court was transmitted to the…
1Opinion of the Court
MacRab, J.:
“Under the former system it was settled doctrine that a court of law could set aside its regular judgment at a subsequent term. If the enforcement of a judgment became inequitable for any reason of which a court of equity could take notice, it would be enjoined.”
Soon after the Superior Courts were clothed with the blended jurisdiction both of law and equity, the practice was marked out. Instead of a proceeding in equity for an injunction against the enforcement of a judgment, a motion in the cause was indicated as the proper procedure for any sufficient •cause which could have…
2Cases cited14 opinions
- Jarman v. . SaundersSupreme Court of North Carolina · 1870
- Matthews v. . JoyceSupreme Court of North Carolina · 1881
- Carson v. . DellingerSupreme Court of North Carolina · 1884
- Bledsoe v. . Nixon .Supreme Court of North Carolina · 1873
- Simmons v. . MannSupreme Court of North Carolina · 1885
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. . CaseySupreme Court of North Carolina · 1931
- State v. . LeaSupreme Court of North Carolina · 1932
- Collins v. SimmsSupreme Court of North Carolina · 1962
- State v. CaseySupreme Court of North Carolina · 1931
- Allen v. . GoodingSupreme Court of North Carolina · 1917
13 more not listed; retrieve them via the Exa API.