# Crabtree v. . Sheelky

> Supreme Court of North Carolina · February 5, 1896 · 118 N.C. 104

URL: https://www.frixlaw.com/law-library/cases/3667247

## Case

- **Full name:** J. H. CRABTREE & CO. v. C. J. SHEELKY, Et Al.
- **Court:** Supreme Court of North Carolina
- **Decided:** February 5, 1896
- **Citations:** 118 N.C. 104; 23 S.E. 927
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** PER CURIAM:
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3667247

## Opinion text

Per Curiam.
Upon reading the affidavit and hearing the motion of defendant for a new hearing for newly discovered testimony, it is ordered in the exercise of the discretion ary power of the Court that the judgment be reversed and the sale be set aside.
Brown
v.
Mitchell,
102 N. C., 347 .
The suggestion is made that the court below inquire whether the true interest of all parties would not be promoted by a sale of the property in separate lots.
New Hearing.
*
*
It was held in
Brown
v. Mitchell, that new hearing's or new trials granted by the Appellate Court in the exercise of its ‘discretion for newly discovered testimony would not be reported as precedents.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3667247. Public record. Not legal advice.