Kelly v. Goodbread's Executors

Supreme Court of North Carolina

Kelly v. Goodbread's Executors

1 N.C. 28

DecidedJuly 15, 1816

StatusPublished

This text of 1 N.C. 28 (Kelly v. Goodbread's Executors) 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

Kelly v. Goodbread's Executors, 1 N.C. 28 (N.C. 1816).

Pincite

Opinion

PeR Curiam.

After the testimony in a cause is closed, no further evidence can be received, but by permission oí the Court. This permission will always be granted, or withheld, according to the nature of the action, the conduct of the parties, and the necessity of receiving further evidence for the advancement of justice.

The admission or rejection of testimony in such cases, must depend on the sound discretion of the presiding Judge.

We are all of Opinion, that the additional evidence offered in this case on the part of the Plaintiff, was properly rejected; and that the motion for a New Trial fee overruled.

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PeR Curiam.

After the testimony in a cause is closed, no further evidence can be received, but by permission oí the Court. This permission will always be granted, or withheld, according to the nature of the action, the conduct of the parties, and the necessity of receiving further evidence for the advancement of justice.

The admission or rejection of testimony in such cases, must depend on the sound discretion of the presiding Judge.

We are all of Opinion, that the additional evidence offered in this case on the part of the Plaintiff, was properly rejected; and that the motion for a New Trial fee overruled.

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Bluebook (online)

1 N.C. 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-goodbreads-executors-nc-1816.