In re Will of Barfield
This text of 87 S.E.2d 516 (In re Will of Barfield) 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
The caveator challenges the authority of the trial court to set aside the verdict on the ground that in a caveat proceeding there are no parties, a nonsuit cannot be taken or directed, the issue must be passed on by the jury, and hence no discretionary power is lodged in the court to set the verdict aside. This Court has held the trial judge does have authority to set aside the verdict in his discretion when the verdict is against the greater weight of the evidence. On the authority of In re Westfeldt, 188 N.C. 702, 125 S.E. 531, and In re Hargrove, 207 N.C. 280, 176 S.E. 752, the order of the Superior Court of Cumberland County is
Affirmed.
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Cite This Page — Counsel Stack
87 S.E.2d 516, 242 N.C. 308, 1955 N.C. LEXIS 504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-will-of-barfield-nc-1955.