PHILCO FINANCE CORPORATION v. MITCHELL

No. 7521SC237.

215 S.E.2d 823 (1975)

26 N.C. App. 264

PHILCO FINANCE CORPORATION v. William T. MITCHELL et al.

Court of Appeals of North Carolina.

June 18, 1975.


Attorney(s) appearing for the Case

Floyd & Baker by Walter W. Baker, Jr., High Point, for defendants-appellants.

A. Carl Penney, Winston-Salem, for plaintiff-appellee.


ARNOLD, Judge.

Appellants contend that the trial court erred in setting aside the judgment entered 1 November 1974 and in ordering a new trial. We disagree. G.S. § 1A-1, Rule 59(a)(1) provides that a new trial may be granted for "[a]ny irregularity by which any party was prevented from having a fair trial." This section provides wide latitude for the trial judge to award new trials, and it does not require that he...

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