Atkins v. Doub

133 S.E.2d 456, 260 N.C. 678, 1963 N.C. LEXIS 779

• Court: Supreme Court of North Carolina
• Decided: December 11, 1963
• Docket: 670
• Status: Published

Opinion

PeR Cubiam.

When a trial judge, in -the exercise of his discretion, sets aside a verdict, his action may not be reviewed in the .absence of any suggestion of an -abuse of discretion. White v. Keller, 242 N.C. 97, 86 S.E. 2d 795. There is no suggestion of .an -abuse of -discretion in connection- with the .action of the trial judge -in the court -below.

The -appellant contends- the 00-ur.t below -committed error in refusing to sustain his motion f-o-r judgment -as of nonsuit -at the close of all the evidence. However, -an appeal will not lie at this time from the ruling of the judge -denying the defendant’s motion for judgment as of nonsuit. There .being neither* verdict nor judgment in the record, there is no -basis upon which an appeal on (this ground may -rest. White v. Keller, supra; Byrd v. Hampton, 243 N.C. 627, 91 S.E. 2d 671.

These cases are still on -the -do-cket of the Superior Court -of Surry County for trial on the issues raised by the pleadings-.

An -appeal does not lie directly to- thi-s Court from an adverse ruling by a -clerk of the Superior Court.

Appeal dismissed.