Crane v. . Carswell
This text of 169 S.E. 160 (Crane v. . Carswell) 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
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.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
169 S.E. 160, 204 N.C. 571, 1933 N.C. LEXIS 199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crane-v-carswell-nc-1933.