Jones v. . Swepson
Supreme Court of North Carolina
Motion to set aside a judgment for surprise, &c., heard before MacRae, Judge, at November Civil Term, 1885, of the Superior Court of Cumberland county. The plaintiff recovered judgment against the testator of the defendant Virginia B. Swepson, for want of an answer, at May Term, 1877, of Cumberland Superior Court.
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Motion to set aside a judgment for surprise, &c., heard before MacRae, Judge, at November Civil Term, 1885, of the Superior Court of Cumberland county. The plaintiff recovered judgment against the testator of the defendant Virginia B. Swepson, for want of an answer, at May Term, 1877, of Cumberland Superior Court. The defendant thereafter caused to be served on the plaintiff, a notice in writing, in form as follows: Ti-iomas J. Jones, George W "swepsoh and Milton S. Littlefield. t0 set aside judSment‘ Thomas J. Jones, the plaintiff in the above entitled action, is hereby notified, that on the…
1Opinion of the CourtSmith, C. J.
(after stating the facts). We think it clear, that a new trial awarded for some vitiating illegal ruling, which maybe reasonably supposed to have influenced the verdict, re-opens the controversy for the admission of any evidence that is itself competent, and ought to have been received, if offered, at the first trial. This is equally true when the Judge assumes the function of passiug upon the evidence, and determining the facts upon which the judgment is grounded. We do not of course refer to those exceptional cases, where of several issues, severable in their relations, an infecting error…
2Cases cited2 opinions
- Lindley v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
- Allen v. . BakerSupreme Court of North Carolina · 1882
3Cited by6 opinions
- Benton v. . CollinsSupreme Court of North Carolina · 1899
- Strother v. Aberdeen & Ashboro RailroadSupreme Court of North Carolina · 1898
- Robertson v. Ætna Life InsuranceCourt of Appeals of Georgia · 1928
- McGehee v. . McGeheeSupreme Court of North Carolina · 1925
- Beville v. . CoxSupreme Court of North Carolina · 1891
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