The Code of Civil Procedure of North Carolina; With Notes and Decisions to 1884 - Softcover

Inhaltsangabe

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884. Excerpt: ... and only alleged errors in law will be reviewed upon such re-hearing, or a re-hearing may be had for newly discovered evidence, and it must appear that the judgmeut complained of has been performed, or sufficiently secured; and it must be accompanied with the certificate of at least two members of the bar who Hid not appear in the cause at the first hearing and who have no interest in the same, that they have carefully examined the case and the law relating thereto, and the authorities cited in the opinion, and that in their opinion the judgment is erroneous, and in what respect it is erroneous. Judgment will not be reversed on a rehearing, when.--No case should be reversed upon a petition to rehear, unless it was decided hastily and some material point was overlooked, or some direct authority was not called to the attention of the court. Watson v. Dodd, 72--240; Hicks v. Skinner, 72--1; Haywood v. Daves, 81--8; Devereux v. Devereux, 81--12; Smith v. Lyon. 82--1. It is not sufficient to authorize a rehearing that the defendant, in the opinion and judgment of the court, was assumed to be a citizen of North Carolina, whereas in fact he was a citizen and resident of the state of Virginia, when his place of residence is immaterial and without bearing upon the point decided. Blackwell v. Wright, 74--733. A former decision will not be reversed on a rehearing, because in considering the case the court laid stress upon a fact that was immaterial, when it appears that it did rely upon another fact that was material, and came to a correct conclusion of law. Earp v. Richardson, 81--5. The weightiest considerations induce the court to adhere to its decisions, unless manifest error appears, especially when the decision was made by a full court and with unanimity and a...

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