Supreme Court of North Carolina, 1936

Gaskins v. . Lancaster

Gaskins v. . Lancaster
Supreme Court of North Carolina · Decided January 22, 1936 · Stacy, Devin
183 S.E. 364; 209 N.C. 301; 1936 N.C. LEXIS 466 (South Eastern Reporter)

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.

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