Gaskins v. . Lancaster

183 S.E. 364, 209 N.C. 301, 1936 N.C. LEXIS 466

• Court: Supreme Court of North Carolina
• Decided: January 22, 1936
• Status: Published

Opinion

Stacy, C. J.,

after stating the case: Was it error, upon a volte face by defendant, to refuse to undo in May what was done at his instance in February? The defendant invokes the sanction applied in Thompson v. Funeral Home, 208 N. C., 178, 179 S. E., 801. Plaintiff relies upon the doctrine announced in Rand v. Gillette, 199 N. C., 462, 154 S. E., 746. The motion was addressed to the sound discretion of the trial court, and is not reviewable on appeal. Goodman v. Goodman, 201 N. C., 808, 161 S. E., 686.

Appeal dismissed.

Devin, J., took no part in the consideration or decision of this case.