118 N.C. 692
24 S.E 492
Supreme Court of North Carolina
Decided February 5, 1896
Supreme Court of North Carolina · decided 1896-02-05
Civil aotioN, tried at Fall Term, 1895, of Mitchell Superior Court, before Bryan, </., and a jury. The defendant appealed from the judgment in favor of the plaintiff, and in'this Court moved that a new trial be ordered for newly discovered testimony.
Cited by 1 later decisions — most recently September 1897
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1896-02-05
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¶1 In the exercise of the discretionary power vested in the Court, it is ordered that a new trial be granted on account of newly discovered evidence. Such orders are made in this Court, as in the court below, for no other reason than that we think the ends of justice will be best subserved by taking that course, and are never therefore to be treated as precedents. Sledge v. Elliott, 116 N. C., 112; Brown v. Mitchell, 102 N. C., 347.
¶2 New Trial.