Giles v. Smith

WELLS, Judge.

Pursuant to one of her assignments of error, defendant contends that the trial court erred in setting aside the judgment and ordering a new trial. Rule 59 provides in pertinent part:(a) Grounds. — A new trial may be granted to all or any of the parties and on all or part of the issues for any of the following grounds:(8) Error in law occurring at the trial and objected to by the party making the motion.

N.C. Gen. Stat. § 1A-1, Rule 59 of the Rules of Civil Procedure.

The question presented by this assignment of error arose out of these somewhat unusual circumstances. At trial, two…