Hawley v. . Powell

24 S.E.2d 523, 222 N.C. 713, 1943 N.C. LEXIS 411

• Court: Supreme Court of North Carolina
• Decided: March 17, 1943
• Status: Published

Opinion

Stacy, C. J.

The discretionary action of the trial court in setting aside the verdict on the issue of damages because excessive or contrary to the weight of the evidence is not appealable in the absence of a denial of some legal right. C. S., 591; Anderson v. Holland, 209 N. C., 746, 184 S. E., 511; Bailey v. Dibbrell Mineral Co., 183 N. C., 525, 112 S. E., 29; Goodman v. Goodman, 201 N. C., 808, 161 S. E., 686. It was likewise a matter of discretion as to whether the verdict should be set aside in whole or in part. Geer v. Reams, 88 N. C., 197.

The defendants have preserved their exceptions to the trial on the first issue, and these may be presented on appeal from the final judgment, if, indeed, an appeal is taken therefrom. Thomas v. Carteret, 180 N. C., 109, 104 S. E., 75. No judgment has yet been entered in the cause. Hence, the present appeal is premature, and must be dismissed. Strayhorn v. Bank, 203 N. C., 383, 166 S. E., 312.

Appeal dismissed.