#### N. A. WILLIAMS v. SIMON GEDDIE.

(Filed 30 March, 1927.)

Appeal by plaintiff from Midyette, J., at September Term, 1926, of Cumberland.

Independent action to set aside tbe verdict and judgment rendered in a former case between tbe same parties, tbe positions of plaintiff and defendant being reversed in tbe former suit.

Plaintiff bottoms bis present action on tbe alleged misconduct of tbe defendant .in trying improperly to influence tbe jury in tbe former case. By consent, a jury trial was waived, and both sides agreed tbat tbe cause might be beard and determined by tbe judge without a jury.

Tbe judge finds in bis ninth finding of facts: “Tbat no fraud was

*840Prom a judgment in favor of defendant the plaintiff appeals, assigning errors.

J. O. Little and O. M. Walker for plaintiff.

S. C. McPhail and Bullard & Stringjield for defendant.

Per Curiam.

A careful perusal of the record, together with the authorities applicable, convinces us that no legal error was committed on the hearing which would entitle the plaintiff to a new trial.

What was said in Bowman v. Howard, 182 N. C., 662, both in the opinion of the Court and also in the dissenting opinion filed therein, is in support of his Honor’s ruling.

No error.