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110 N.C. 250

14 S.E 741

Hudson v. . Jordan

Supreme Court of North Carolina

Decided February 5, 1892

Supreme Court of North Carolina · decided 1892-02-05

This is a petition of the defendant to rehear and reverse the judgment of this Court rendered in this action at February Term, 1891, (reported in IOS N. C., 10).

Good law ✅— No negative treatment on recordhow we know

Decided 1892-02-05

How this case has been cited

Cited by 5 later decisions — most recently November 1983

5 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Davis, J.:

¶1 It is of public interest that there shall be an end to litigation. It was said by the Chief Justice in Emry v. Railroad, 105 N. C., 45: “It is but a reiteration of what has been said in a multitude of decided cases of this Court, to say that it will rehear a casé only for very weighty considerations and when the alleged error clearly appears.” And upon a rehearing no case should be reversed unless it appears to have been decided hastily, or some material point overlooked, or some authority was not called to the attention of the Court, or when it appears that in the former decision some material fact was overlooked. See cases cited in Clark’s Code under Rale of Supreme Court, 53. From a careful review of the former decision in the present case, we fail to observe any omission on the part of the Court to consider carefully and fully every point presented in the pleadings. It fully appears from the opinion of a majority of the Court, delivered by Clark, J., and the able dissenting opinion delivered by the Chief Justice, that the decision sought now to be reversed was rendered upon a full and careful discussion of the questions presented, and we affirm the decision then made.

¶2 Petition denied.

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