From Casetext: Smarter Legal Research

Crane v. Carswell

Supreme Court of North Carolina
Apr 1, 1933
169 S.E. 160 (N.C. 1933)

Opinion

(Filed 26 April, 1933.)

New Trial B g —

Although the discretionary ruling of the trial court upon an application for a new trial for newly discovered evidence is not reviewable on appeal. where the applicant fails to make out a showing of "newly discovered evidence" sufficient in law to invoke the discretionary ruling, the granting of the application will be held for error.

APPEAL by defendant from Harding, J., at February Term, 1933, of UNION.

No counsel appearing for plaintiff.

J. Laurence Jones and Vann Milliken for defendant.


Civil action to recover damages for alleged negligent injury, tried at the March Term, 1932, which resulted in a verdict and judgment for defendant, affirmed on appeal, 203 N.C. 555.

Thereafter, at the next succeeding term of the Superior Court of Union County, following affirmance of judgment on appeal, the plaintiff moved for a new trial on the ground of newly discovered evidence. Motion allowed and defendant appeals, for that, the showing made by plaintiff on the hearing of said motion was not sufficient to warrant favorable action on the part of the court.


No appeal lies to this Court from the discretionary determination of an application for new trial on the ground of newly discovered evidence. S. v. Lea, 203 N.C. 316. But where the applicant fails to make out a showing of "newly discovered evidence," as this phrase is defined in the law ( S. v. Casey, 201 N.C. 620, 161 S.E. 81), no occasion arises for the exercise of the court's discretion. Stilley v. Planing Mills, 161 N.C. 517, 77 S.E. 760. We agree with the defendant that plaintiff's showing on his application for new trial on the ground of newly discovered evidence was insufficient to invoke a discretionary ruling in his behalf. Stilley v. Planing Mills, supra.

Error.


Summaries of

Crane v. Carswell

Supreme Court of North Carolina
Apr 1, 1933
169 S.E. 160 (N.C. 1933)
Case details for

Crane v. Carswell

Case Details

Full title:R. LESTER CRANE v. GUY T. CARSWELL

Court:Supreme Court of North Carolina

Date published: Apr 1, 1933

Citations

169 S.E. 160 (N.C. 1933)
169 S.E. 160

Citing Cases

State v. Todd

STACY, C. J. The State contends that under the showing made, Crane v. Carswell, 204 N.C. 571, 169 S.E. 160,…

State v. Speller

Hence, the rulings are subject to review on appeal. S. v. Walls, 211 N.C. 487, 191 S.E. 232 ( certiorari…