Stray Horn v. . Bank

Supreme Court of North Carolina

Stray Horn v. . Bank

166 S.E. 312, 203 N.C. 383, 1932 N.C. LEXIS 406

CourtSupreme Court of North Carolina

DecidedOctober 26, 1932

StatusPublished

Cited by3 cases

This text of 166 S.E. 312 (Stray Horn v. . Bank) 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.

Bluebook

Stray Horn v. . Bank, 166 S.E. 312, 203 N.C. 383, 1932 N.C. LEXIS 406 (N.C. 1932).

Pincite

Opinion

Civil action to recover value of collateral sold and proceeds used to pay the note with which it was hypothecated, and part of residue applied on a different obligation.

There was a verdict for the defendant upon which judgment was tendered. His Honor set the verdict aside in his discretion and ordered a new trial. Defendant appeals, assigning error in the admission of evidence and failure to nonsuit. The questions sought to be presented are not properly before us. Thomasv. Carteret, 180 N.C. 109, 104 S.E. 75.

So long as the matter was in fieri, the keeping of the verdict resided in the breast of the judge, and he was at liberty, at any time during the term, in the exercise of a sound discretion, to set it aside and to award a new trial, from which ruling no appeal lies. C. S., 591; Goodman v.Goodman, 201 N.C. 794, 161 S.E. 688; Welch v. Hardware House, 202 N.C. 642,163 S.E. 801; Smith v. Matthews, ante, 218; Bank v. Sanders,post, . . . . (Per curiam case.)

Appeal dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

Civil action to recover value of collateral sold and proceeds used to pay the note with which it was hypothecated, and part of residue applied on a different obligation.

There was a verdict for the defendant upon which judgment was tendered. His Honor set the verdict aside in his discretion and ordered a new trial. Defendant appeals, assigning error in the admission of evidence and failure to nonsuit. The questions sought to be presented are not properly before us. Thomasv. Carteret, 180 N.C. 109, 104 S.E. 75.

So long as the matter was in fieri, the keeping of the verdict resided in the breast of the judge, and he was at liberty, at any time during the term, in the exercise of a sound discretion, to set it aside and to award a new trial, from which ruling no appeal lies. C. S., 591; Goodman v.Goodman, 201 N.C. 794, 161 S.E. 688; Welch v. Hardware House, 202 N.C. 642,163 S.E. 801; Smith v. Matthews, ante, 218; Bank v. Sanders,post, . . . . (Per curiam case.)

Appeal dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

166 S.E. 312, 203 N.C. 383, 1932 N.C. LEXIS 406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stray-horn-v-bank-nc-1932.

Opinion

Related

Cite This Page — Counsel Stack