CRENSHAW v. R. R

New Trial — Newly Discovered Evidence — Practice.

Where a motion is made in this court for a new trial for newly discovered evidence, the court never discusses the facts on such motion, but simply awards or refuses a new trial.

Per Curiam:

Without any intimation as to the plaintiffs' right to recover on the testimony as it now stands, the Court is of opinion that a new trial should be awarded by reason of the newly discovered evidence, set out and referred to in the affidavits of the defendants, filed for the purpose on motion duly made.

Under the decision in Herndon v. R. R., 121 N.C. 498, we never discuss the facts on such motion, but simply award or refuse a new trial.

New Trial.