Gaskins v. . Lancaster

Supreme Court of North Carolina
Gaskins v. . Lancaster, 183 S.E. 364 (N.C. 1936)
209 N.C. 301; 1936 N.C. LEXIS 466
Stacy, Devin

Gaskins v. . Lancaster

Opinion of the Court

Stacy, C. J.,

after stating the case: Was it error, upon a volte face by defendant, to refuse to undo in May what was done at his instance in February? The defendant invokes the sanction applied in Thompson v. Funeral Home, 208 N. C., 178, 179 S. E., 801. Plaintiff relies upon the doctrine announced in Rand v. Gillette, 199 N. C., 462, 154 S. E., 746. The motion was addressed to the sound discretion of the trial court, and is not reviewable on appeal. Goodman v. Goodman, 201 N. C., 808, 161 S. E., 686.

Appeal dismissed.

Devin, J., took no part in the consideration or decision of this case.

Reference

Full Case Name
John Arthur Gaskins v. Grover C. Lancaster.
Status
Published