Assignments of error of plaintiff appellant based upon exceptions to the rulings of the judge of Superior Court in overruling plaintiff’s assignments of error based upon exceptions to the rulings of the judge of municipal court of the city of High Point setting-aside the verdict of the jury as to the second issue for insufficiency of evidence to support it, as a matter of law, and then entering judgment as of nonsuit are well taken.
In the act giving civil jurisdiction to the municipal court of the city of High Point, Public-Local Laws 1921, chapter 699, amending Public-Local Laws 1913, chapter 569, by which the court was created, the *337General Assembly provided in section 5 that tbe rules of practice as required by law in the Superior Court for the trial of all causes shall .apply to said municipal court, subsection (m) ; and that the procedure of the municipal court, except as otherwise therein prescribed, shall follow the rules and principles laid down in the chapter on civil procedure in the Consolidated Statutes and the amendments thereto in so far as the same may be adapted to the needs and requirements of the said municipal court, subsection (r).
Among the rules of practice laid down in the chapter on civil procedure in the Consolidated Statutes is C. S., 567, now G. S., 1-183, relating to motions for nonsuit. In construing and applying this section this Court has held it to be the uniform practice that where a trial court has refused to grant motions of nonsuit made under this statute, it is error for it to set aside verdict for insufficiency of evidence as a matter of law, Riley v. Stone, 169 N. C., 421, 86 S. E., 348; Jernigan v. Neighbors, 195 N. C., 231, 141 S. E., 586; Godfrey v. Coach Co., 200 N. C., 41, 156 S. E., 139; Lee v. Penland, 200 N. C., 340, 157 S. E., 31; Price v. Ins. Co., 200 N. C., 427, 157 S. E., 132; see also Bruton v. Light Co., 217 N. C., 1, 6 S. E. (2d), 822.
The trial judge, however, has the discretionary power during the term at which a cause is tried to set aside a verdict and to order a new trial. G. S., 1-207, formerly C. S., 591. Brantley v. Collie, 205 N. C., 229, 171 S. E., 88, and numerous other cases. In this connection, terms of the municipal court of the city of High Point for the trial of cases by jury are for two weeks, each beginning on the first Monday of each month. The term at which the present ease was tried having expired, the trial court may not now as a matter of discretion set aside the verdict.
Hence, the municipal court of the city of High Point having erred in setting aside the verdict as a matter of law, and the action of the court in that respect having been affirmed by the Superior Court on appeal thereto, and exception to the ruling of the Superior Court having been presented on appeal to this Court, the usual practice would be to send the ease back to the Superior Court to be remanded to the municipal court for judgment on the verdict rendered. Then the defendant, as the party aggrieved, would have the right to appeal to the Superior Court, in its appellate capacity, and the case would go up to the Superior Court upon the record and proceedings had in the municipal court, for hearing only upon assignments of error in matters of law preserved, assigned and relied upon by him.
We are of opinion, however, that the ends of justice require that the verdict be set aside and a new trial be had, in which the whole case may be developed in accordance with the usual course and practice. Jernigan v. Neighbors, supra.
*338As the case must be retried in the municipal court, it is not amiss to call attention to tbe provision of the statute, Public-Local Laws 1927, chapter 699, section 5, subsection (j), that appeals may be taken in civil actions by either plaintiff or defendant from judgments of municipal court of the city of High Point to the Superior Court of Guilford County in term time for errors assigned in matters of law in the same manner and under the same requirements as are now provided by law for appeals from the Superior Court to the Supreme Court. And, in preparing the transcripts of records on appeal, attention is called to Rule 19, subsection 3, of the Rules of Practice in the Supreme Court. 221 N. C., 544. See also Jenkins v. Castelloe, 208 N. C., 406, 181 S. E., 266. Any confusion there is in the transcript of the case on appeal to this Court, arises upon the merging of the proceedings in the trial in the municipal court of the city of High Point with the proceedings had on appeal to Superior Court, without separate grouping of exceptions presented on such appeal.
Moreover, it is provided by statute, G. S., 1-271, formerly C. S., 632, that any party aggrieved may appeal to the Supreme Court from judgment of the Superior Court. In the present case the defendant was not the party aggrieved by the judgment of the municipal court of the city of High Point. Hence, the appeal by defendant from that court to the Superior Court should have been dismissed.
Error and remanded.