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260 N.C. 678

133 S.E.2d 456

Atkins v. Doub

Supreme Court of North Carolina

Decided December 11, 1963

Supreme Court of North Carolina · decided 1963-12-11

Cited by 8 later decisions — most recently July 1982

8 state decisions

Relies on White v. Keller · Byrd v. Hampton

Good law ✅— No negative treatment on recordhow we know

Decided 1963-12-11

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PeR Cubiam.

¶1 When a trial judge, in -the exercise of his discretion, sets aside a verdict, his action may not be reviewed in the .absence of any suggestion of an -abuse of discretion. White v. Keller, 242 N.C. 97, 86 S.E. 2d 795. There is no suggestion of .an -abuse of -discretion in connection- with the .action of the trial judge -in the court -below.

¶2 The -appellant contends- the 00-ur.t below -committed error in refusing to sustain his motion f-o-r judgment -as of nonsuit -at the close of all the evidence. However, -an appeal will not lie at this time from the ruling of the judge -denying the defendant’s motion for judgment as of nonsuit. There .being neither* verdict nor judgment in the record, there is no -basis upon which an appeal on (this ground may -rest. White v. Keller, supra; Byrd v. Hampton, 243 N.C. 627, 91 S.E. 2d 671.

¶3 These cases are still on -the -do-cket of the Superior Court -of Surry County for trial on the issues raised by the pleadings-.

¶4 An -appeal does not lie directly to- thi-s Court from an adverse ruling by a -clerk of the Superior Court.

¶5 Appeal dismissed.

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