Atkins v. Doub
Cases that cite this one
4 later published cases cite this decision.
- Britt v. Allen (N.C. 1977)
- Sizemore v. Raxter (N.C. Ct. App. 1982)
- Waters v. Qualified Personnel, Inc. (N.C. 1978)
- Mull v. Mull (N.C. Ct. App. 1971)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
When a trial judge, in -the exercise of his discretion, sets aside a verdict, his action may not be reviewed in the .absence of any suggestion of an -abuse of discretion. White v. Keller, 242 N.C. 97, 86 S.E. 2d 795. There is no suggestion of .an -abuse of -discretion in connection- with the .action of the trial judge -in the court -below.
The -appellant contends- the 00-ur.t below -committed error in refusing to sustain his motion f-o-r judgment -as of nonsuit -at the close of all the evidence. However, -an appeal will not lie at this time from the ruling of the judge -denying the defendant’s motion for judgment as of nonsuit. There .being neither* verdict nor judgment in the record, there is no -basis upon which an appeal on (this ground may -rest. White v. Keller, supra; Byrd v. Hampton, 243 N.C. 627, 91 S.E. 2d 671.
These cases are still on -the -do-cket of the Superior Court -of Surry County for trial on the issues raised by the pleadings-.
An -appeal does not lie directly to- thi-s Court from an adverse ruling by a -clerk of the Superior Court.
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.