Jones v. Dixie Fire Insurance

The assignments of error present two questions:

First: Did the court err in setting aside the verdict ?

Second: Did the court err in allowing defendant’s motion for judgment as in case of nonsuit?

The first question must he answered in the negative. The record does not state whether the verdict was set aside as a matter of law or as a matter of discretion. However, since no facts are found, and no reasons are given, it is presumed that the verdict was set aside in the exercise of the discretionary power vested in the trial judge; Bird v. Bradburn, 131 N. C., 488; Braid v. Lukins, 95 N. C., 123,…