TOWN OF DAVIDSON v. STOUGH

No. 245.

127 S.E.2d 762 (1962)

258 N.C. 23

TOWN OF DAVIDSON, a municipal corporation, Petitioner, v. Alice STOUGH, Respondent.

Supreme Court of North Carolina.

October 31, 1962.


Attorney(s) appearing for the Case

Howard B. Arbuckle, Jr., Charlotte, for petitioner-appellant.

Bradley, Gebhardt, DeLaney & Millette, by Ernest S. DeLaney, Jr., Charlotte, for respondent-appellee.


RODMAN, Justice.

After the parties had offered evidence to support their respective contentions, but before all the evidence had been offered, petitioner asked leave to withdraw its appeal. The court denied the motion, and petitioner assigns this ruling as error.

When an appeal has been perfected, appellant cannot withdraw it without first obtaining the consent of the appellate court. That court may allow or deny the motion in the exercise of its sound discretion...

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