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Tabor v. . Burnett
188 N.C. 833
N.C.
1924
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Civil action in ejectment and to recover damages for wrongful possession.

From a verdict and judgment in favor of defendants, the plaintiffs appeal. Plaintiffs in limine lodge a motion for a new trial upon the ground of newly discovered evidence. It is alleged that the information, which plaintiffs consider vital and important to their cause, came to their attention after the adjournment of the term of court at which the case was tried, and after the appeal was docketed here. Allen v. Gooding,174 N.C. 271. The showing made by plaintiffs in this respect seems to meet the requirements laid down in Johnson v. R. R., 163 N.C. p. 453, for the granting of new trials upon the ground of newly discovered evidence. Upon this ground, the cause will be remanded for another hearing.

New trial. *Page 834

Case Details

Case Name: Tabor v. . Burnett
Court Name: Supreme Court of North Carolina
Date Published: Dec 19, 1924
Citation: 188 N.C. 833
Court Abbreviation: N.C.
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