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JAMES H. PADGETT v. S. ANNIE McCOY.

PER CURIAM.

The motion for a new trial in this case, because of newly discovered evidence, is denied. The application is not within the rule applicable to such cases. Johnson v. R. R., 163 N.C. at page 453. Besides, it is without real merit.

Motion denied.

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PADGETT v. McCOY
(Dec 1, 1914)