Crane v. . Carswell

169 S.E. 160, 204 N.C. 571, 1933 N.C. LEXIS 199

Opinion

Stacy, C. J.

No appeal lies to this Court from the discretionary determination of an application for new trial on the ground of newly discovered evidence. S. v. Lea, 203 N. C., 316. But where the applicant fails to make out a showing of “newly discovered evidence,” as this phrase is defined in the law (S. v. Casey, 201 N. C., 620, 161 S. E., 81), no occasion arises for the exercise of the court’s discretion. Stilley v. Planing Mills, 161 N. C., 517, 77 S. E., 760. We agree with the defendant that plaintiff’s showing on his application for new trial on the ground of newly discovered evidence was insufficient to invoke a discretionary ruling in his behalf. Stilley v. Planing Mills, supra.

Error.