Sanger v. . Gattis

19 S.E.2d 625, 221 N.C. 203, 1942 N.C. LEXIS 430

• Court: Supreme Court of North Carolina
• Decided: April 15, 1942
• Status: Published

Opinion

Stacy, C. J.

The only question for decision is whether the applicant for new trial on the ground of newly discovered evidence has made sufficient showing to invoke a discretionary ruling in his behalf. 'The record suggests a negative answer. Bullock v. Williams, 213 N. C., 320, 195 S. E., 791; Crane v. Carswell, 204 N. C., 571, 169 S. E., 160.

The “newly discovered evidence” fails to go to the heart of the case, to wit, the alleged mistake in drafting the deed of 22 June, 1916. It seems to be merely cumulative or corroborative of the evidence offered by the defendant at the trial. This was insufficient to invoke the aid of the court. Stilley v. Planing Mills, 161 N. C., 517, 77 S. E., 760. The order granting a new trial will be stricken out.

Error.