243 N.C. 627

WATSON E. BYRD and PAULINE G. BYRD, Trading as TOWN ’N COUNTRY CLEANERS, v. JAMES DEWEY HAMPTON and FEDERAL INSURANCE COMPANY.

(Filed 29 February, 1956.)

*628 Cogburn & Cogburn for plaintiff appellees.

Williams & Williams for defendant Hampton.

Meekins, Packer & Roberts for defendant Insurance Company.

Per OüRIAm.

There were, as stated, a number of interlocutory rulings made during the progress of the trial. However, no final judgment was entered from which an appeal could be prosecuted, and the court, in the exercise of its discretion, set the verdict aside. Roberts v. Hill, 240 N.C. 373, 82 S.E. 2d 373. Hence the record as it now appears before us contains no final judgment from which appeal will lie. In view of this condition of the record, it is necessary to vacate, without prejudice, all interlocutory rulings made during the progress of the trial, and to remand the cause for a trial de novo as to all parties and as to all questions raised by the pleadings. It is so ordered.

Venire de novo.

Byrd v. Hampton
243 N.C. 627

Case Details

Name
Byrd v. Hampton
Decision Date
Feb 29, 1956
Citations

243 N.C. 627

Jurisdiction
North Carolina

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