North Carolina Joint Stock Land Bank v. Shuford

• Decision Date: 10 May 1933
• Docket Number: 530.
• Citation: 169 S.E. 226,204 N.C. 796
• Parties: NORTH CAROLINA JOINT STOCK LAND BANK et al. v. SHUFORD et al.
• Court: North Carolina Supreme Court

169 S.E. 226

204 N.C. 796

NORTH CAROLINA JOINT STOCK LAND BANK et al. v. SHUFORD et al.

No. 530.

Supreme Court of North Carolina

May 10, 1933

Appeal from Superior Court, Catawba County; Cowper, Special Judge.

Summary proceeding in ejectment by the North Carolina Joint Stock Land Bank and another against R. L. Shuford and K. J. Ingle. From a judgment on a verdict for plaintiffs after trial de novo on appeal to the superior court from a justice of the peace court, defendant Ingle appeals.

Affirmed.

Refusal to set aside verdict as against weight of evidence is within discretion of trial court, and not reviewable on appeal.

J. C. Rudisill, Wade H. Lefler, and Feimster & Feimster, all of Newton, for plaintiffs.

Shuford & Huffman, of Hickory, for defendant Ingle.

PER CURIAM.

Error is assigned (1) "to the issues as answered by the jury"; (2) "to the refusal of the court to set aside the verdict as contrary to the weight of the evidence"; and (3) "to the judgment as signed by the court."

The only error suggested in appellant's brief is the refusal of the court to set aside the verdict as contrary to the weight of the evidence. This was a matter addressed to the discretion of the trial court, and is not reviewable on appeal. Goodman v. Goodman, 201 N.C. 808, 161 S.E. 686; Whitted v. Fuquay, 127 N.C. 68, 37 S.E. 141.

Affirmed.