Smith v. . Fields
This text of 137 S.E. 926 (Smith v. . Fields) 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
The defendants in limine lodged a motion for a new trial on the ground of newly discovered evidence. It is alleged that the information, which defendants consider vital and important to their case, came to their attention after the adjournment of the term of court at which the case was tried, and after the appeal was docketed here. Allen v. Gooding, 174 N. C., 271. The showing made in this respect seems to meet the requirements laid down in Johnson v. R. R., 168 N. C., p. 453, for the granting of new trials on the ground of newly discovered evidence. Upon this ground the cause will be remanded for another hearing.
New trial.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
137 S.E. 926, 193 N.C. 840, 1927 N.C. LEXIS 486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-fields-nc-1927.