Porter v. Western North Carolina Railroad

2 S.E. 580, 97 N.C. 63

• Court: Supreme Court of North Carolina
• Decided: February 5, 1887
• Status: Published

Opinion

Smith, 0. J.,

(after stating the facts). There is no sufficient ground shown for our interposition, in giving ail opportunity to the Judge to modify the statement, nor do those suggested appear material in disposing of the appeal. The defendant does not appeal from any ruling of the Court, and the sole inquiry is, as to the judgment that should be rendered upon the facts ascertained.

Moreover, there are no reasons suggested why the Judge would favorably entertain an application for amendment, and no facts stated to warrant the opinion that he would “probably ” make any change or addition, if the matter -was again brought before him. The grounds of the applicant’s belief should be given, that we may judge of their sufficiency.

If reasonable grounds exist, and they so appear, this Court may cause the matter complained of, to come again before the Judge, to enable him to review it and “to correct any error as he may deem proper.” McDaniel v. King, 89 N. C., 29.

It ought to appear upon facts shown, ‘ that the Court would probably make the correction.” Currie v. Clark, 90 N. C., 19; Cheek v. Watson, Ibid., 302; Ware v. Nesbit, 92 N. C., 202.

Where the action of the Court has been careful and considerate, no occasion for “interference is presented.” State v. Gooch, 94 N. C, 986.

Such we deem the present application, and the writ must be refused.

Denied.