2 N.C. 248
Supreme Court of North Carolina
Decided July 15, 1815
Supreme Court of North Carolina · decided 1815-07-15
This was an appeal from the decision of Edgecomb Superior Court, awarding a new trial to the plaintiff, upon an affidavit which stated in substance, that he had instituted this action against the defendant, for neglect of duty as a constable, whereby the plaintiff had lost the amount of a judgment recovered by him, before a magistrate, against Lawrence.
Decided 1815-07-15
¶1It was an essential part of the plaintiff’s evidence to prove his account against Lawrence, yet no witness attended for that purpose, nor does any appear to have been summoned. After so many trials, to grant a new one that the plaintiff may prepare his case, and do that, which, ought to have been done from the time the pleas were entered, does not seem to be proper, from any reasons laid before us.
¶2Motion for a new trial overruled.