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Owens v. Paxton

Jesse Owens v. A. F. Paxton.

Owens v. Paxton, 11 S.E. 375 (N.C. 1890)
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Court
Supreme Court of North Carolina · State Highest Courts
Decided
February 5, 1890
Judges
Clare
Citations
11 S.E. 375106 N.C. 480
Syllabus
Certiorari — New Trial — Appeal—Lost Papers. When it appeared from the return of a Judge to a certiorari that the answer had been lost, and his notes of the trial also, and that, in consequence, he was unable to make up or settle the case upon appeal, and there was no laches on the part of the appellant, a new trial will be granted.
Summary
This was a MOTION for a new trial, heard upon the return of the Judge to a certiorari. The case was tried at Spring Term, 1888, of TbaNSYLVANIA Superior Court, before Mac-Rae, J.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Clare

Clare, J.:

To the certiorari in this case the Judge returns that the amended answer has been lost, and his notes of the trial also, and that, in consequence, he is unable to make up or settle case on appeal. The appellant moves thereupon for a new trial. The loss of the amended answer of itself would not support this motion, as it might be supplied by proper proceedings.

Nichols v. Banning, 91 N. C., 4 . Nor would the mere fact of the Judge’s inability to settle the case of itself be sufficient.

Simmons v. Andrews, at this term.

*481 But it appears in addition, in this case, that there has been no laches on the part of the appellant.

Under such circumstances a new trial must be ordered.

Burton v. Green, 94 N. C., 215 ;

Commissioners v. Steamship Co., 98 N. C., 165 .

New trial.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1893: 11894: 11895: 11897: 11900: 11907: 11962: 118932026peak 1893 · 1

Relies on it most ⓘ

  1. Alley v. McCabe35 N.E. 615 (Ill. 1893)
  2. State v. Huggins35 S.E. 606 (N.C. 1900)
  3. State v. Robinson56 S.E. 918 (N.C. 1907)
  4. Water Supply & Storage Co. v. Tenney21 Colo. 284 (1895)
  5. McGowan v. Harris26 S.E. 690 (N.C. 1897)
  6. Ritter v. Grimm19 S.E. 239 (N.C. 1894)

Most recent

  1. Wagner ex rel. Wagner v. Eudy125 S.E.2d 598 (N.C. 1962)
  2. State v. Robinson56 S.E. 918 (N.C. 1907)
  3. State v. Huggins35 S.E. 606 (N.C. 1900)
  4. McGowan v. Harris26 S.E. 690 (N.C. 1897)
  5. Water Supply & Storage Co. v. Tenney21 Colo. 284 (1895)
  6. Ritter v. Grimm19 S.E. 239 (N.C. 1894)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Burton v. Green, 94 N.C. 215 (1886) 5
Nichols v. Dunning, 91 N.C. 4 (1884) 3

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