Legal Opinion

Turner v. Davis.

Supreme Court of North Carolina

Decided March 24, 1903PublishedCited by 18 opinions

ActioN by K. W. Turner against Elizabeth Davis and others, heard by Judge George A. Jones, at March Term, 1902, of the Superior Court of Pasquotank County. From an order refusing to grant a new trial on the ground of newly discovered evidence, the plaintiff appealed.

1Opinion of the CourtClark, C. J.

When judgment was offered for signature in this case, the plaintiff moved for a new trial for newly discovered evidence, but his Honor stated that he was about to depart for the next court and could not hear the motion, and continued it to' be heard, at next term. He thereupon signed the judgment embracing therein the above statement and an order staying proceedings under the judgment till said motion could be decided at next term. At such next term, another judge being on the bench adjudged that he had no power to grant said motion and denied the same, from which order the plaintiff appealed.

2Cases cited11 opinions

  1. State v. . DegraffSupreme Court of North Carolina · 1893
  2. State v. . StarnesSupreme Court of North Carolina · 1887
  3. Bledsoe v. . Nixon .Supreme Court of North Carolina · 1873
  4. Nathan v. Charlotte Street Railway Co.Supreme Court of North Carolina · 1896
  5. Shehan v. John Malone & Co.Supreme Court of North Carolina · 1875

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3Cited by18 opinions

  1. State v. . CaseySupreme Court of North Carolina · 1931
  2. Johnson v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1913
  3. State v. . LeaSupreme Court of North Carolina · 1932
  4. State v. CaseySupreme Court of North Carolina · 1931
  5. Brown v. Town of HillsboroSupreme Court of North Carolina · 1923

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