Tabor v. . Burnett

Supreme Court of North Carolina

Tabor v. . Burnett

125 S.E. 927, 188 N.C. 833, 1924 N.C. LEXIS 220

DecidedDecember 19, 1924

StatusPublished

This text of 125 S.E. 927 (Tabor v. . Burnett) 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

Tabor v. . Burnett, 125 S.E. 927, 188 N.C. 833, 1924 N.C. LEXIS 220 (N.C. 1924).

Pincite

Opinion

Civil action in ejectment and to recover damages for wrongful possession.

From a verdict and judgment in favor of defendants, the plaintiffs appeal. Plaintiffs in limine lodge a motion for a new trial upon the ground of newly discovered evidence. It is alleged that the information, which plaintiffs consider vital and important to their cause, 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 by plaintiffs in this respect seems to meet the requirements laid down in Johnson v. R. R., 163 N.C. p. 453, for the granting of new trials upon the ground of newly discovered evidence. Upon this ground, the cause will be remanded for another hearing.

New trial. *Page 834

Free access — add to your briefcase to read the full text and ask questions with AI

Civil action in ejectment and to recover damages for wrongful possession.

From a verdict and judgment in favor of defendants, the plaintiffs appeal. Plaintiffs in limine lodge a motion for a new trial upon the ground of newly discovered evidence. It is alleged that the information, which plaintiffs consider vital and important to their cause, 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 by plaintiffs in this respect seems to meet the requirements laid down in Johnson v. R. R., 163 N.C. p. 453, for the granting of new trials upon the ground of newly discovered evidence. Upon this ground, the cause will be remanded for another hearing.

New trial. *Page 834

Cite This Page — Counsel Stack

Bluebook (online)

125 S.E. 927, 188 N.C. 833, 1924 N.C. LEXIS 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tabor-v-burnett-nc-1924.

Opinion

Related

Cite This Page — Counsel Stack