Merchants' Nat. Bank v. Newton
| Decision Date | 08 April 1914 |
| Citation | 81 S.E. 317,165 N.C. 363 |
| Parties | MERCHANTS' NAT. BANK v. NEWTON ET AL. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Wake County; Cooke, Judge.
Action by the Merchants' National Bank against J. Sprunt Newton and others. From an order denying without prejudice an inspection and photograph by defendants of a note pending an action thereon, defendants appeal. Affirmed.
In this action, this same issue being presented as to the forgery of the note sued on, application was made for an order to inspect and photograph the note in question, and the motion was denied by the court, "All without prejudice," and defendants excepted and appealed.
An application under the statute to inspect and photograph a note pending an action thereon rests in the sound legal discretion of the court.
Shaw & MacLean, of Fayetteville, McLean, Varser & McLean, of Lumberton, and Jones & Bailey, of Raleigh, for appellants.
Winston & Biggs, for appellee.
A perusal of the statute will disclose that the question rests in the sound legal discretion of the court, and, as we find no such abuse of discretion on the part of his honor as to raise a legal question for our decision, the judgment is affirmed.
We deem it not improper to say that this ruling is not to be considered as a final disposition of the matter. It is one of those questions which, for good reasons shown, may be renewed in the progress of the cause, and, if presented under different conditions, may call for a different decision. In any event, it is open to the parties in this instance, as the court has very properly made his ruling without prejudice.
There is no error, and the judgment of the court is affirmed.
Affirmed.
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... ... the discretion of the judge. Merchants' Nat. Bank v ... Newton, 165 N.C. 363, 81 S.E. 317; Dunlap v. London ... ...
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...the statute as well as under the general principles of law, is left to the sound legal discretion of the presiding judge. Bank v. Newton, 165 N.C. 363, 81 S.E. 317. We to find any abuse of such discretion in the exercise of this power by the learned judge of the superior court, as the contr......