Sanger v. . Gattis
Cases that cite this one
1 later published case cites this decision.
- McCulloh v. Catawba College (N.C. 1966)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The only question for decision is whether the applicant for new trial on the ground of newly discovered evidence has made sufficient showing to invoke a discretionary ruling in his behalf. 'The record suggests a negative answer. Bullock v. Williams, 213 N. C., 320, 195 S. E., 791; Crane v. Carswell, 204 N. C., 571, 169 S. E., 160.
The “newly discovered evidence” fails to go to the heart of the case, to wit, the alleged mistake in drafting the deed of 22 June, 1916. It seems to be merely cumulative or corroborative of the evidence offered by the defendant at the trial. This was insufficient to invoke the aid of the court. Stilley v. Planing Mills, 161 N. C., 517, 77 S. E., 760. The order granting a new trial will be stricken out.
Error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.