McNeill v. McDougald

*259PaeKee, J.

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. 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 the law as contained in G.S. 44-63. This suffices for the appeal.

G.S. 44-63 reads: “If any person in the counties mentioned in the preceding section,”- — the county where the tobacco crop…