Supreme Court of North Carolina, 1930

County of Carteret v. Simmons Construction Corp.

County of Carteret v. Simmons Construction Corp.
Supreme Court of North Carolina · Decided September 24, 1930 · PER CURIAM.
154 S.E. 746; 199 N.C. 485; 1930 N.C. LEXIS 156 (South Eastern Reporter)

County of Carteret v. Simmons Construction Corp.

Opinion of the Court

Per Curiam.

The record discloses no action on the part of the trial court of which the defendants can justly complain.

*486 The pertinent rule is stated in 49 C. J., 625, as follows :

β€œIt is a matter for the sound discretion of tbe court whether under the circumstances of the case a demand for a bill of particulars should be granted or refused. This power of the court exists by virtue of its general power to regulate the conduct of trials, and it is incident to its general authority in the administration of justice. It is the same power in kind that courts have to grant a new trial on the ground of surprise.”

Our own decisions are to the same effect: Power Co. v. Elizabeth City, 188 N. C., 278, 124 S. E., 611; Townsend v. Williams, 117 N. C., 330, 23 S. E., 461.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.