Stanley v. Pryde W. Basinger & Co.
This text of 144 S.E.2d 861 (Stanley v. Pryde W. Basinger & Co.) 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
Had plaintiff failed to appear when this case was called for trial pursuant to the calendar, or had plaintiff refused to go to trial after being ordered to proceed, the court below, either under G.S. 1-222(4), or in its inherent power, “could have dismissed the cause ‘as of nonsuit’ after plaintiff had been called and failed to prosecute” his suit. Sykes v. Blakey, 215 N.C. 61, 64, 200 S.E. 910, 912. Plaintiff here, however, was present and ready for trial when his case was called. Under these circumstances, the judge was without authority to dismiss the action.
Reversed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
144 S.E.2d 861, 265 N.C. 718, 1965 N.C. LEXIS 1091, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stanley-v-pryde-w-basinger-co-nc-1965.