Davison v. West Oxford Land Co.

Supreme Court of North Carolina

Davison v. West Oxford Land Co.

30 S.E. 303, 122 N.C. 276, 1898 N.C. LEXIS 243

DecidedMay 17, 1898

StatusPublished

This text of 30 S.E. 303 (Davison v. West Oxford Land Co.) 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.

Bluebook

Davison v. West Oxford Land Co., 30 S.E. 303, 122 N.C. 276, 1898 N.C. LEXIS 243 (N.C. 1898).

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Opinion

Per Curiam:

Without deciding the question of practice raised by the petition to rehear this case, we deem it proper under all the circumstances to order an unrestricted new trial of the action. In using the words- *277 “under all circumstances” we do not intend to intimate that there was anything like unfair conduct on the part of either suitors or counsel on either side (for none existed), but that substantial justice will be done more certainly by a new trial of the whole matter than by a partial new trial.

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Per Curiam:

Without deciding the question of practice raised by the petition to rehear this case, we deem it proper under all the circumstances to order an unrestricted new trial of the action. In using the words- *277 “under all circumstances” we do not intend to intimate that there was anything like unfair conduct on the part of either suitors or counsel on either side (for none existed), but that substantial justice will be done more certainly by a new trial of the whole matter than by a partial new trial.

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Bluebook (online)

30 S.E. 303, 122 N.C. 276, 1898 N.C. LEXIS 243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davison-v-west-oxford-land-co-nc-1898.

Opinion

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