Hawley v. . Powell

The discretionary action of the trial court in setting aside the verdict on the issue of damages because excessive or contrary to the weight of the evidence is not appealable in the absence of a denial of some legal right. C. S., 591; Anderson v. Holland, 209 N. C., 746, 184 S. E., 511; Bailey v. Dibbrell Mineral Co., 183 N. C., 525, 112 S. E., 29; Goodman v. Goodman, 201 N. C., 808, 161 S. E., 686. It was likewise a matter of discretion as to whether the verdict should be set aside in whole or in part. Geer v. Reams, 88 N. C., 197.

The defendants have preserved their exceptions to the trial…