Myers v. . Stafford
Supreme Court of North Carolina
This is an appeal from an order made at December Term, 1893, of Guilford ¡Superior (¡ourt, by Brown, J., setting aside verdict rendered at the previous August Term.
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This is an appeal from an order made at December Term, 1893, of Guilford ¡Superior (¡ourt, by Brown, J., setting aside verdict rendered at the previous August Term. The motion to set aside the verdict was made by the defendants upon the ground that the damages were excessive and was based upon an agreement in writing between counsel for both parties entered upon the record of the Court at August Term, 1893. Said agreement is set out in the order made by the Court at December Term, 1893, a copy of which will be sent up by the Clerk. The plaintiff objected to the Court considering and…
1Opinion of the Court
MaoRae, J.:
While the statute, section 412 of The Code (4), provides that motions to set aside verdicts upon the ground of excessive damages can only be heard at the same term at which the- trial is had, it has never before been seriously questioned that counsel might agree that said motion be heard and determined at’ a subsequent time. This course, with regard to many matters required to be done in term, is daily taken in the practice; indeed it frequently occurs that on account of the press of business before the Court, the length of-the term being limited, 'it is impracticable for the Judge…
2Cases cited2 opinions
- Hicks v. . GoochSupreme Court of North Carolina · 1885
- Hilliard v. . OramSupreme Court of North Carolina · 1890
3Cited by2 opinions
- Allen v. LewisWyoming Supreme Court · 1919
- Manufacturers' Finance Acceptance Corp. v. JonesSupreme Court of North Carolina · 1932