Ellis v. Wellons

Stacy, O. J.,

dissenting: An offer to alleviate a writ is not to abuse the process, and that’s all that is left on this record after eliminating *274the first cause of action which was resolved in favor of the defendant, and from which neither side has appealed. The rest is brutum fulmén, “harmless thunder.” Finance Gorp. v. Lane, 221 N. 0., 189, 19 S. E. (2d), 849; Wright v. Harris, 160 N. C., 543, 76 S. E., 489; Ludwich v. Penny, 158 N. C., 104, 73 S. E., 228. Speaking to a similar situation in Stanford v. Grocery Go., 143 N. C., 419, 55 S. E., 815, it was said: “While the complaint endeavors to…