Greer v. Bank of Damascus
This text of 162 S.E. 233 (Greer v. Bank of Damascus) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This controversy was here before — In re Bauguess, 196 N. C., 278. The plaintiffs only contend that they can recover $3,000 and interest. Why, therefore, compel defendants to pay $7,000 into court? We think in the interest of justice the court should not have ordered more than $3,000 and interest, the amount plaintiffs sue for, to be paid into court. It was discretionary for the court below to withdraw a juror. Wolf v. Goldstein, 192 N. C., 818; S. v. Guice, 201 N. C., 761. The ordering of $7,000 to be paid into court affected a substantial right.
In modifying and affirming this judgment, we do not desire it to be understood that the other questions appearing of record were considered, that arose on the trial in the court below. They are not passed on or decided on this appeal. The judgment is
Modified and affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
162 S.E. 233, 202 N.C. 220, 1932 N.C. LEXIS 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greer-v-bank-of-damascus-nc-1932.