Walston v. Greene

Decided September 18, 1957

Supreme Court of North Carolina · decided 1957-09-18

Key passage — most relied on by later courts

““Whether a verdict should be set aside, otherwise than for error of law, rests in the sound discretion of the trial judge. Here the trial judge, ‘being of the opinion that justice and equity' required that he do so, exercised such discretion and set the verdict aside. The record discloses no abuse of discretion; hence, the order is not subject to review on appeal.”

quoted by 2 later decisions, including 225 N.C. App. 79 - Rutherford Plantation, LLC v. Challenge Golf Group of the Carolinas, LLC, 197 N.C. App. 757 - Ford v. Rodriguez

Relies on Goodman v. . Goodman · Bird v. Bradburn. · Brink v. . Black

Good law ✅— No negative treatment on recordhow we know

Decided 1957-09-18

How this case has been cited

Cited by 38 later decisions — most recently May 2019 · most notably Worthington v. Bynum (1982), Goldston v. Chambers (1967)

38 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam.

¶1 Whether a verdict should be set aside, otherwise than for error of law, rests in the sound discretion of the trial judge. Here the trial judge, “being of the opinion that justice and equity” required that he do so, exercised such discretion and set the verdict aside. The record discloses no abuse of discretion; hence, the order is not subject to review on appeal. Brink v. Black, 74 N.C. 329; Bird v. Bradburn, 131 N.C. 488, 42 S.E. 936; Goodman v. Goodman, 201 N.C. 808, 161 S.E. 686; In re Blair, 230 N.C. 753, 55 S.E. 2d 504; Williams v. Stumpf, 243 N.C. 434, 90 S.E. 2d 688.

¶2 *618 The appeal is without substance, and will be dismissed. Goodman v. Goodman, supra.

¶3 Appeal dismissed.