Fountain v. City of Rocky Mount
This text of 129 S.E. 925 (Fountain v. City of Rocky Mount) 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
Plaintiffs have abandoned all their exceptions and assignments of error appearing on the record and rely entirely upon their motion for a new trial on the ground of newly discovered evidence. It is alleged in the motion, seasonably lodged for the purpose, that the information which the plaintiffs consider material and vitally important, came to their knowledge and attention after the term of court at which the case was tried had adjourned, and after the appeal had been docketed here. Allen v. Gooding, 174 N. C., 271. The motion is supported by affidavit, and the defendant has filed quite a number in reply. From a careful scrutiny and examination of the pertinent affidavits, filed by both sides, we are of opinion that the motion must be overruled. The showing made by plaintiffs falls short of the requirements laid down in Johnson v. R. R., 163 N. C., p. 453. The motion, therefore, for a new trial, upon the ground stated, is denied.
No error.
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Cite This Page — Counsel Stack
129 S.E. 925, 190 N.C. 851, 1925 N.C. LEXIS 196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fountain-v-city-of-rocky-mount-nc-1925.