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Davis v. R. R

Supreme Court of North Carolina
Oct 1, 1918
176 N.C. 186 (N.C. 1918)

Summary

denying request to reconsider an earlier decision because the "only method" to do so was a "petition to rehear" and defendant had not timely filed one

Summary of this case from Hoke Cnty. Bd. of Educ. v. State

Opinion

(Filed 9 October, 1918.)

Appeal and Error — Supreme Court — Opinion Certified — Courts — Jurisdiction — Petition to Rehear.

After a decision of the Supreme Court has been certified down, the Court is without jurisdiction to entertain a motion to recall the mandate and judgment rendered and reconsider it; the only method for such being upon petition to rehear, filed according to the rules.


Motion made in this cause by defendant, appellant, to recall the mandate and judgment rendered at last term, and to award a new trial only upon the issues of negligence, contributory negligence, and damages.

The case is reported and issues set out in 175 N.C. 650.

There is no doubt as to the power of this Court to confine a new trial to such issues as the Court deems necessary to a proper determination of the issues raised by the pleadings.

There are a number of cases in our Reports where partial new trials have been granted.

It is now too late to entertain the defendant's motion. The case has passed from our jurisdiction and is now pending in the Superior Court of Buncombe County.

The only method by which the case could have been brought again within our control is by petition to rehear, which must be filed within forty days after the opinion has been handed down.

Motion denied.


Summaries of

Davis v. R. R

Supreme Court of North Carolina
Oct 1, 1918
176 N.C. 186 (N.C. 1918)

denying request to reconsider an earlier decision because the "only method" to do so was a "petition to rehear" and defendant had not timely filed one

Summary of this case from Hoke Cnty. Bd. of Educ. v. State
Case details for

Davis v. R. R

Case Details

Full title:LILLIE W. DAVIS ADMX., v. SOUTHERN RAILWAY COMPANY

Court:Supreme Court of North Carolina

Date published: Oct 1, 1918

Citations

176 N.C. 186 (N.C. 1918)
96 S.E. 945

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