Greer v. Bank of Damascus

Pee Cueiam.

This controversy was here before — In re Bauguess, 196 N. C., 278. The plaintiffs only contend that they can recover $3,000 and interest. Why, therefore, compel defendants to pay $7,000 into court? We think in the interest of justice the court should not have ordered more than $3,000 and interest, the amount plaintiffs sue for, to be paid into court. It was discretionary for the court below to withdraw a juror. Wolf v. Goldstein, 192 N. C., 818; S. v. Guice, 201 N. C., 761. The ordering of $7,000 to be paid into court affected a substantial right.

In modifying and affirming this…