VEAZEY v. CITY OF DURHAM

No. 743.

57 S.E.2d 377 (1950)

231 N.C. 357

VEAZEY v. CITY OF DURHAM.

Supreme Court of North Carolina.

February 3, 1950.


Attorney(s) appearing for the Case

Victor S. Bryant and Robert I. Lipton, Durham, for plaintiff, appellee.

Claude V. Jones and Egbert L. Haywood, Durham, for defendant, appellant.


ERVIN, Justice.

We are confronted at the threshold of this appeal by the assertion of the defendant that Judge Burney had no power to try the cause during the week beginning on March 14, 1949, and that in consequence the verdict and judgment must be set aside and a new trial awarded without regard to whether the trial on the merits conformed to pertinent legal principles. The defendant urges two lines of reasoning to sustain this position.

It argues initially...

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