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CALL v. STROUD

No. 240.

61 S.E.2d 342 (1950)

232 N.C. 478

CALL v. STROUD et ux.

Supreme Court of North Carolina.

October 11, 1950.

Attorney(s) appearing for the Case

Hayes & Hayes and Larry S. Moore, North Wilkesboro, for plaintiff, appellant.

Trivette, Holshouser & Mitchell, North Wilkesboro, for defendant, Phillip S. Stroud, appellee.

ERVIN, Justice.

A party who comes into the Supreme Court seeking relief from a judgment of the Superior Court must allege and show these two things: (1) That the judge of the Superior Court committed an error in a matter of law or legal inference; and (2) that such error affected prejudicially a substantial right belonging to him. An error cannot be regarded as prejudicial to a substantial right of a litigant unless there is a reasonable probability that the result...

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