Bailey v. Dibbrell Mineral Co.
Supreme Court of North Carolina
Appeal by plaintiffs from Finley, J., at November Term, 1921, of Mitchell. Civil action, under C. S., 1743, to quiet title, or to remove a cloud therefrom, and also to recover damages for an alleged wrongful trespass. There was a verdict in favor of the plaintiffs, which his Honor set aside and ordered a new trial of the cause. -
1Opinion of the CourtStacy, J.
This is an appeal by the plaintiffs from the discretionary ruling of his Honor in setting aside the verdict, as rendered by the jury, and ordering a new trial of the cause. The case was tried at the November Term, 1921, of the Superior Court for Mitchell County. The jury returned a verdict in favor of the plaintiffs, and the defendants at the same term duly entered a motion to have the same vacated and set aside. This motion, by consent, was continued to be heard in vacation at some time and place convenient to the parties and to the court. On 6 January, 1922, the judge wrote counsel for the…
2Cases cited2 opinions
- Settee v. Charlotte Electric Railway Co.Supreme Court of North Carolina · 1915
- Cates v. Western Union Telegraph Co.Supreme Court of North Carolina · 1909
3Cited by10 opinions
- Goodman v. . GoodmanSupreme Court of North Carolina · 1931
- Goldston v. ChambersSupreme Court of North Carolina · 1967
- Hawley v. . PowellSupreme Court of North Carolina · 1943
- State v. . HarvellSupreme Court of North Carolina · 1930
- Ex Parte SmithSupreme Court of Alabama · 1934
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