Superior Court of North Carolina, 1805

Andrews v. . Devane

Superior Court of North Carolina · Decided July 5, 1805 · LOCKE, J.

3 N.C. 373

Counsel

Mr. Gaston moved, upon this affidavit, that the verdict might be set aside upon payment of costs, and the party let in to plead, so as to bring the merits in question. Jones e contra , opposed the motion with much earnestness.

Opinion of the Court

It is agreeable to the practice to set aside the verdict where the merits have not been tried, and that owing to mistake, provide it appears that the applicant probably has the merits on his side.

Let the verdict be set aside on payment of costs, and the party be admitted to plead.

NOTE. — See the next case of House v. Bryant; Cogdell v. Barfield,9 N.C. 332; Reynolds v. Boyd, 23 N.C. 106.

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