Everett v. Sneed
Decision Date | 03 October 1923 |
Docket Number | 90. |
Citation | Everett v. Sneed, 186 N. C. 766, 119 S. E. 5 (N.C. 1923) |
Parties | EVERETT v. SNEED ET AL. |
Court | North Carolina Supreme Court |
Appeal from Superior Court, Wayne County; Allen, Judge.
Civil action in ejectment by Matilda Everett against W. M. Sneed and others, to recover rents, in which defendants claimed title to the property, and set up claim for improvements.Judgment for plaintiff, and defendants appeal.No error.
On a motion in Supreme Court for a new trial, on ground of newly discovered evidence, the burden is on the applicant to rebut the presumption that the verdict is correct and that there has been a lack of due diligence.
Langston Allen & Taylor, of Goldsboro, for appellants.
Kenneth C. Royall and E. A. Humphrey, both of Goldsboro, for appellee.
This case, on the trial, narrowed itself principally to questions of fact, which the jury alone could determine.A careful examination of the record leaves us with the impression that the cause has been tried in substantial conformity to the law bearing on the subject.The chief exceptions are those directed to the admission of evidence and to alleged errors in the charge.We have discovered no ruling or action on the part of the trial court which would entitle the defendants to another hearing, or to a venire de novo.
Defendants have also moved in this court for a new trial upon the ground of newly...
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State v. Casey
...That due diligence and proper means were used and employed to procure the testimony at the trial. Brown v. Sheets, supra; Everett v. Sneed, 186 N.C. 766, 119 S.E. 5; Brown Town of Hillsboro, supra; Alexander v. Cedar Works, supra; Chrisco v. Yow, 153 N.C. 434, 69 S.E. 422; Shehan v. Malone,......