Comm'rs of Fayetteville v. James

Decision Date31 December 1804
Citation5 N.C. 40
PartiesCOMMISSIONERS OF FAYETTEVILLE v. WILLIAM JAMES.
CourtNorth Carolina Supreme Court

The number of times the verdict shall be set aside and a new trial granted is in the discretion of the trial court.

VERDICT for the defendant. Rule to show cause why a new trial should not be granted.

A new trial had been granted the plaintiffs in this cause, and the jury having found another verdict for the defendant, the court doubted the propriety of granting a second new trial, and referred the question to this Court.

BY THE COURT. A new trial is granted, on payment of the costs.

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