Opinion
(February Term, 1896.)
NEW TRIAL FOR NEWLY DISCOVERED TESTIMONY — DISCRETIONARY POWER OF COURT TO REVERSE JUDGMENT.
APPEAL from CRAVEN. A motion was made in this Court that the case be remanded for a new trial on the ground of newly discovered testimony.
M. DeW. Stevenson for plaintiffs. O. H. Guion, W. D. McIver and W. E. Clarke for defendants. (105)
Upon reading the affidavit and hearing the motion of defendant for a new hearing for newly discovered testimony, it is ordered, in the exercise of the discretionary power of the Court, that the judgment be reversed and the sale be set aside. Brown v. Mitchell, 102 N.C. 347.
It was held in Brown v. Mitchell that the granting of new hearings or new trials by the appellate court in the exercise of its discretion for newly discovered testimony would not be reported as precedents.
The suggestion is made that the court below inquire whether the true interest of all parties would not be promoted by a sale of the property in separate lots.
New Hearing.
Cited: Chrisco v. Yow, 153 N.C. 536.