Carolina Power & Light Company v. Smith

Appellants’ first assignment of error, and the one principally relied on in the oral argument, is the denial of their motion to set the verdict aside. The motion is based on the fact that C. L. Pemberton, who, as trustee in the deed of trust described in section 6 of the petition, and for that reason a defendant herein, took an active part as counsel for petitioner in the trial of the case. This dual relationship of defendant and counsel for petitioner, they contend, is so contrary to public policy as to make the trial void. They do not charge any improper or wrongful conduct on the part of…