North Carolina Joint Stock Land Bank v. Shuford, 204 N.C. 796 (1933)

May 10, 1933 · Supreme Court of North Carolina

204 N.C. 796

NORTH CAROLINA JOINT STOCK LAND BANK et al. v. R. L. SHUFORD and K. J. INGLE.

(Filed 10 May, 1933.)

Appeal and Error J b—

A motion to set aside,tbe verdict as against tbe weight of tbe evidence is addressed to the discretion of tbe trial court, and his action thereon is not reviewable on appeal.

Appeal by defendant, K. J. Ingle, from Oowper, Special Judge, at February Special Term, 1933, of Catawba.

Summary proceeding in ejectment, commenced in tbe court of a justice of tbe peace, and tried de novo on appeal to tbe Superior Court of Catawba County, where verdict and judgment were rendered for plaintiffs, from which tbe defendant, K. J. Ingle, appeals.

J. C. Budisill, Wade U. Lefler and Feimster & Feimster for plaintiffs.

Shuford & Huffman for defendant, Ingle.

Per CuriaM.

Error is assigned (1) “to tbe issues as answered by tbe jury”; (2) “to tbe refusal of tbe court to set aside tbe verdict as contrary to tbe weight of the evidence”; and (3) “to tbe judgment as signed by tbe court.”

Tbe only error suggested in appellant’s brief is tbe refusal of tbe court to set aside tbe verdict as contrary to tbe weight of tbe evidence. This was a matter addressed to tbe discretion of tbe trial court, and is not reviewable on appeal. Goodman v. Goodman, 201 N. C., 808, 161 S. E., 686; Whitted v. Fuquay, 127 N. C., 68, 37 S. E., 141.

Affirmed.