Likas v. Lackey

Bradburn, 131 N. C., 490, it was field uniformly, in all our opinions, tfiat “where tfie trial judge sets aside tfie verdict witfiout giving a reason, if no reason is given, it is presumed tfiat a new trial was granted as a matter of discretion, and tfie appeal will be dismissed.” Braid v. Lukins, 95 N. C., 123; S. v. Braddy, 104 N. C., 137, quoting other cases, and tfiis case itself has been cited with approval. See citations in the Annotated Edition.

In Abernethy v. Yount, 138 N. C., 338, tfie Court for tfie first time, by a division of three to two, field tfiat when tfie judgment is set…