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HARRIS v. CHAPMAN

No. 26.

77 S.E.2d 658 (1953)

238 N.C. 308

HARRIS v. CHAPMAN.

Supreme Court of North Carolina.

September 30, 1953.

Attorney(s) appearing for the Case

McMullan & Aydlett, Elizabeth City, for defendant, appellant.

Robert B. Lowry, Elizabeth City, Sam S. Woodley, Columbia, and Pritchett & Cooke, Windsor, for plaintiff, appellee.

PER CURIAM.

The showing made by the defendant on his motion meets the requirements for a new trial for newly discovered evidence. The motion is allowed. See Chrisco v. Yow, 153 N.C. 434, top p. 436, 69 S.E. 422; Moore v. Tidwell, 193 N.C. 855, 138 S.E. 407. This renders moot the questions presented by the appeal and restores the status quo as it existed immediately before the hearing before Judge Bone. The cause will be remanded for hearing de novo on...

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