Jarrett v. Winston Mutual Life Insurance

Stacy, C. J. The Forsyth County Court was established in 1915, as an inferior court for the trial of civil cases only, with the right of appeal by “either the plaintiff or the defendant” to the Superior Court of Forsyth County “for errors assigned in matters of law in the same manner and under the same requirements as are now provided by law for appeals from the Superior Court to the Supreme Court.” Chapter 520, Public-Local Laws 1915; Chappel v. Ebert, 198 N. C., 575, 152 S. E., 692. Subsequent legislation affecting the court is not presently pertinent. Chemical Co. v. Turner, 190 N. C., 471, 130 S. E., 154. The appellate jurisdiction of the Superior Court is not questioned; its authority in the exercise of such jurisdiction to grant new trials on the ground of newly discovered evidence is not mooted; nor is the sufficiency of the evidence to invoke a discretionary ruling challenged on the present record. Crane v. Carswell, 204 N. C., 571, 169 S. E., 160. These are all conceded or taken for granted. S. v. Edwards, 205 N. C., 661, 172 S. E., 399; S. v. Lea, 203 N. C., 316, 166 S. E., 292; S. v. Casey, 201 N. C., 620, 161 S. E., 81. *344 It is tbe uniform bolding tbat no appeal lies to tbis Court from a discretionary determination of an application for a new trial on tbe ground of newly discovered evidence. Crane v. Carswell, supra; S. v. Ferrell, 206 N. C., 738, 175 S. E., 91. Speaking to tbe subject as far back as Vest v. Cooper (1873), 68 N. C., 131, Beade, J., delivering tbe opinion of tbe Court, said: “There seems to be an impression tbat there may be an appeal from every motion for a new trial; and tbe fact is overlooked tbat it must Involve a matter of law or legal inference,’ and not a mere matter of discretion. Tbis will illustrate: Plaintiff recovers of defendant $1,000. Defendant files affidavit tbat since tbe trial be has discovered tbat be can prove tbe debt has been paid. His Honor says, I believe your affidavit and I grant a new trial, or I do not believe it, and I refuse a new trial. Tbis is a matter of discretion, and no appeal lies.” Tbis has been cited with approval in subsequent decisions: S. v. Riddle and Huffman, 205 N. C., 591, 172 S. E., 400; S. v. Lea, supra. It follows, therefore, tbat tbe appeal must be dismissed. It is so ordered. Appeal dismissed.