Burleson ex rel. Burleson v. Helton

Supreme Court of North Carolina
Burleson ex rel. Burleson v. Helton, 258 N.C. 782 (N.C. 1963)
129 S.E.2d 491; 1963 N.C. LEXIS 472

Burleson ex rel. Burleson v. Helton

Opinion of the Court

Per Curiam.

The court in its discretion consolidated the five cases for trial. In this no prejudicial error appears. “A discretionary order consolidating actions for trial will not be disturbed on appeal in the absence of a showing of injury or prejudice to the appealing party.” 4 Strong: N. C. Index, Trial, s. 8, p. 294. The trial court properly denied defendant’s motion for nonsuit, and defendant’s exceptions to the admission of evidence are not sustained. Considered contextually the charge is adequate. A new trial will not be awarded for mere technical error when it appears that the jury could not have been misled thereby.

No error.

Reference

Full Case Name
RONNIE BURLESON, By his Next Friend EARLE BURLESON v. JOHNNY HELTON and EARL BURLESON v. JOHNNY HELTON and MRS. GRACE BURLESON v. JOHNNY HELTON and DIANA WHITTEMORE, By her Next Friend, VANCE WHITTEMORE v. JOHNNY HELTON and VERONA WHITTEMORE, By her Next Friend, VANCE WHITTEMORE v. JOHNNY HELTON
Cited By
1 case
Status
Published