62-93. No evidence admitted on appeal; remission for further evidence.
No evidence shall be received at the hearing on appeal but if any party shall satisfy the court that evidence has been discovered since the hearing before the Commission that could not have been obtained for use at that hearing by the exercise of reasonable diligence, and will materially affect the merits of the case, the court may, in its discretion, remand the record and proceedings to the Commission with directions to take such subsequently discovered evidence, and after consideration thereof, to make such order as the Commission may deem proper, from which order an appeal shall lie as in the case of any other final order from which an appeal may be taken as provided in G.S. 62-90. (1949, c. 989, s. 1; 1955, c. 1207, s. 2; 1963, c. 1165, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 5 - Review and Enforcement of Orders.
§ 62-90 - Right of appeal; filing of exceptions.
§ 62-91 - Appeal docketed; title on appeal; priorities on appeal.
§ 62-93 - No evidence admitted on appeal; remission for further evidence.
§ 62-94 - Record on appeal; extent of review.
§ 62-95 - Relief pending review on appeal.
§ 62-96 - Appeal to Supreme Court.
§ 62-97 - Judgment on appeal enforced by mandamus.
§ 62-98 - Peremptory mandamus to enforce order, when no appeal.