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McNEILL v. McDOUGALD

No. 598.

87 S.E.2d 502 (1955)

242 N.C. 255

Robert McNEILL v. A. G. McDOUGALD, Jr.

Supreme Court of North Carolina.

May 25, 1955.

Attorney(s) appearing for the Case

Powell & Powell, Whiteville, for plaintiff-appellant.

Oliver Carter and Hewlett & Williams, Wilmington, for defendant-appellee.

PARKER, Justice.

When a verdict is set aside for error in law, and not as a matter of discretion, the aggrieved party may appeal, provided the error is specifically designated. Akin v. First Nat. Bank, 227 N.C. 453, 42 S.E.2d 518; Powers v. City of Wilmington, 177 N.C. 361, 99 S.E. 102. Here, the Trial Judge stated that he set the verdict aside, and granted a new trial on the ground that he inadvertently failed to charge...

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