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PEACE v. CITY OF HIGH POINT

No. 675.

73 S.E.2d 561 (1952)

236 N.C. 619

PEACE et ux. v. CITY OF HIGH POINT.

Supreme Court of North Carolina.

December 10, 1952.

Attorney(s) appearing for the Case

G. H. Jones, High Point for defendant, appellant.

James B. Lovelace, High Point, and Frazier & Frazier, Greensboro, for plaintiffs, appellees.

PER CURIAM.

This appeal is premature and must be dismissed. Bargain House v. Jefferson, 180 N.C. 32, 103 S.E. 922. Even so, in the exercise of our discretion, we will state that so long as the consent judgment in the previous action is not modified or set aside with respect to the above provisions, the fact that permanent damages were awarded therein will not constitute a bar to the present action. And a consent judgment may be modified or set aside only in the manner...

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