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MUSE v. MUSE

No. 94.

72 S.E.2d 431 (1952)

236 N.C. 182

MUSE et al. v. MUSE et al.

Supreme Court of North Carolina.

September 17, 1952.

Attorney(s) appearing for the Case

Cecil C. Jackson, Asheville, for plaintiffs, appellants.

Don C. Young, Asheville, for defendants, appellees.

DEVIN, Chief Justice.

The plaintiffs appealed at once from the order of Judge Rudisill setting aside the verdict on the third issue at June Term 1951, allowing the verdict to stand as to the first two issues, and granting a partial new trial on the issue of undue influence. This was heard at Fall Term 1951, and the appeal dismissed, this Court holding that these were matters within the discretion of the presiding judge. Muse v. Muse, 234 N.C. 205

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