{
  "id": 8682396,
  "name": "JOS. M. S. ROGERS v. B. W. GOODWIN",
  "name_abbreviation": "Rogers v. Goodwin",
  "decision_date": "1870-01",
  "docket_number": "",
  "first_page": "278",
  "last_page": "280",
  "citations": [
    {
      "type": "official",
      "cite": "64 N.C. 278"
    }
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  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "63 N. C. 656",
      "category": "reporters:state",
      "reporter": "N.C.",
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        11278906
      ],
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      "case_paths": [
        "/nc/63/0656-01"
      ]
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    {
      "cite": "63 N. C. 656",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11278906
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      "case_paths": [
        "/nc/63/0656-01"
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  "last_updated": "2023-07-14T17:28:35.890237+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "JOS. M. S. ROGERS v. B. W. GOODWIN."
    ],
    "opinions": [
      {
        "text": "Pearson, C. J.\nHis Honor was of opinion, that tbe verdict was against tbe weight of tbe evidence; but be doubted bis power to set aside tbe verdict and order a new trial, and on that ground refused tbe motion.\nOn tbe argument before us, it was properly conceded that bis Honor bad tbe power, and tbe only question was upon tbe construction of tbe words used by bim in sending up tbe issues.\nWe are satisfied that be would bave ordered a new trial, but for bis doubt in regard to tbe power to do so on tbe \u201c trial of issues \u201d sent from tbis court.\nUpon tbe trial of issues of fact sent down by tbis court, tbe Judge in tbe court below bas fall power to correct any miscarriage of tbe jury or any error that may bave been committed by bimself, in respect to tbe admission or rejection of evidence, or in bis charge, by granting a new trial. In these respects bis power is tbe same as on tbe trial of actions: Peebles v. Peebles, 63 N. C. 656. Tbe English precedents in regard to issues sent by a Court of Equity, are not applicable. Ours is a new system which rests on tbe provision of tbe constitution, \u201cNo issue of fact shall be tried before tbe Supreme Court.\u201d Art. 4, sec. 10.\nWe take occasion to say that tbe statute allowing cases in equity to be transferred to tbe Supreme Court for trial, is repealed, by tbe effect of tbe constitution creating tbis court as a \u201c Court of Appeal.\u201d\nEquity cases pending before tbe adoption of the constitution, must be beard and disposed of below, and can only be constituted in this court by appeal.\nTbe verdict must be set aside, and a new trial of tbe issues ordered.\nPee, Curiam. Ordered accordingly.",
        "type": "majority",
        "author": "Pearson, C. J."
      }
    ],
    "attorneys": [
      "Bragg, for tbe motion.",
      "Peebles, contra."
    ],
    "corrections": "",
    "head_matter": "JOS. M. S. ROGERS v. B. W. GOODWIN.\nWhen a verdict upon issues sent for trial from this court to a Superior-Court, is, in the opinion of the Judge who presided, contrary to the weight of the evidence ; or in case .of any other miscarriage by the court, or the jury, such Judge has full power to grant a new trial.\nOases in equity pending at the adoption of the present constitution, cannot now be transferred for trial to this court; they must be heard below, and can only be constituted here by appeal.\n(Peebles v. Peebles, 63 N. C. 656, cited and approved.)\nMotion for a new trial of issues, made before Watts, J., at Fall Term 1870 of Northampton Court.\nTbe issues bad been sent for trial bom tbis court.\nNo statement of tbe facts is necessary.\nBragg, for tbe motion.\nPeebles, contra."
  },
  "file_name": "0278-01",
  "first_page_order": 302,
  "last_page_order": 304
}