#### J. D. CLARK v. J. A. RIDDLE.

Discretionary Power of Supreme Court — New Trial— Newly Discovered Testimony.

In the discretion of this Court a motion for a new trial on account of newly discovered testimony will he granted.

Civil aotioN, tried at Fall Term, 1895, of Mitchell Superior Court, before Bryan, </., and a jury. The defendant appealed from the judgment in favor of the plaintiff, and in'this Court moved that a new trial be ordered for newly discovered testimony.

Messrs. J. W. Bowman and Battle c& Mordecai, for defendant, (appellant).

No counsel, contra,.

Avery, J.:

In the exercise of the discretionary power vested in the Court, it is ordered that a new trial be granted on account of newly discovered evidence. Such orders are made in this Court, as in the court below, for no other reason than that we think the ends of justice will be best subserved by taking that course, and are never therefore to be treated as precedents. Sledge v. Elliott, 116 N. C., 112; Brown v. Mitchell, 102 N. C., 347.

New Trial.