HENNESSEE v. COGBURN

No. 7830SC2.

251 S.E.2d 623 (1979)

39 N.C. App. 627

Fannie B. HENNESSEE v. Cecil COGBURN.

Court of Appeals of North Carolina.

February 6, 1979.


Attorney(s) appearing for the Case

Millar & McLean by Russell L. McLean, III, Waynesville, for plaintiff-appellee.

Roberts, Cogburn & Williams by Max O. Cogburn, Asheville, for defendant-appellant.


WEBB, Judge.

The appellant advances three arguments as to why it was error to set the verdict aside and retry the case. These are (1) notice of the motion to set the verdict aside was not served on him, (2) Judge Hasty did not have the power to set the verdict aside at a term of court subsequent to the one at which the verdict was entered, and (3) when a final judgment was entered at the January 1977 term of court terminating the case, the court had no jurisdiction...

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