Owens v. . Paxton
Supreme Court of North Carolina
This was a MOTION for a new trial, heard upon the return of the Judge to a certiorari. The case was tried at Spring Term, 1888, of TbaNSYLVANIA Superior Court, before Mac-Rae, J.
1Opinion of the Court
Clare, J.:
To the certiorari in this case the Judge returns that the amended answer has been lost, and his notes of the trial also, and that, in consequence, he is unable to make up or settle case on appeal. The appellant moves thereupon for a new trial. The loss of the amended answer of itself would not support this motion, as it might be supplied by proper proceedings. Nichols v. Banning, 91 N. C., 4. Nor would the mere fact of the Judge’s inability to settle the case of itself be sufficient. Simmons v. Andrews, at this term. But it appears in addition, in this case, that there has been no…
2Cases cited2 opinions
- Burton v. . GreenSupreme Court of North Carolina · 1886
- Nichols v. . DunningSupreme Court of North Carolina · 1884
3Cited by8 opinions
- Alley v. McCabeIllinois Supreme Court · 1893
- State v. . HugginsSupreme Court of North Carolina · 1900
- State v. . RobinsonSupreme Court of North Carolina · 1907
- Water Supply & Storage Co. v. TenneySupreme Court of Colorado · 1895
- McGowan v. . HarrisSupreme Court of North Carolina · 1897
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