Crabtree v. . Sheelky
This text of 23 S.E. 927 (Crabtree v. . Sheelky) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Upon reading the affidavit and hearing the motion of defendant for a new hearing for newly discovered testimony, it is ordered in the exercise of the discretion ary power of the Court that the judgment be reversed and the sale be set aside. Brown v. Mitchell, 102 N. C., 347.
The suggestion is made that the court below inquire whether the true interest of all parties would not be promoted by a sale of the property in separate lots.
New Hearing. *
It was held in Brown v. Mitchell, that new hearing's or new trials granted by the Appellate Court in the exercise of its ‘discretion for newly discovered testimony would not be reported as precedents.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
23 S.E. 927, 118 N.C. 104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crabtree-v-sheelky-nc-1896.