Legal Opinion

In Re the Will of Herring

Court of Appeals of North Carolina

Decided September 12, 1973No. 734SC120PublishedCited by 19 opinions

1Opinion of the Court

HEDRICK, Judge.

The only exception is to the order setting aside the verdict and granting a new trial. Therefore, our review is limited to the question of whether error appears on the face of the record.

A new trial may be granted to all or any of the parties and on all or part of the issues for an error in law occurring at the trial and objected to by the party making the motion. G.S. 1A-1, Rule 59(a) (8). G.S. 1A-1, Rule 59(d) provides:

“Not later than 10 days after entry of judgment the court of its own initiative, on notice to the parties and hearing, may order a new trial for any reason,…

2Cases cited11 opinions

  1. Goodman v. . GoodmanSupreme Court of North Carolina · 1931
  2. Roberts v. HillSupreme Court of North Carolina · 1954
  3. GLEN FOREST CORPORATION v. BenschCourt of Appeals of North Carolina · 1970
  4. Akin v. First National BankSupreme Court of North Carolina · 1947
  5. Jernigan v. . NeighborsSupreme Court of North Carolina · 1928

6 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Bryant v. Nationwide Mutual Fire InsuranceSupreme Court of North Carolina · 1985
  2. Kinsey v. SpannCourt of Appeals of North Carolina · 2000
  3. Carawan v. TateCourt of Appeals of North Carolina · 1981
  4. Matter of Will of MaynardCourt of Appeals of North Carolina · 1983
  5. Ncatr v. NcdotCourt of Appeals of North Carolina · 2007

14 more not listed; retrieve them via the Exa API.

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