Muse v. Muse

DeviN, 0. J.

Tbe plaintiffs appealed at once from tbe order of Judge Eudisill setting aside tbe verdict on tbe third issue at June Term, 1951, allowing tbe verdict to stand as to tbe first two issues, and granting a partial new trial on tbe issue of undue influence. This was beard at Fall Term, 1951, and tbe appeal dismissed, this Court bolding tbat these were matters within tbe discretion of tbe presiding judge. Muse v. Muse, 234 N.C. 205, 66 S.E. 2d 689.

Tbe plaintiffs now bring forward their exceptions noted in tbe first trial to tbe charge of Judge Eudisill on tbe first two issues. However,…