
    FRANK WELCH, Jr., v. HUSKE HARDWARE HOUSE.
    (Filed 20 April, 1932.)
    Appeal and Error J b — Action of trial court in setting aside verdict in liis discretion is not reviewable on appeal.
    The action of the trial court in setting aside the verdict in his discretion as being against the weight of the evidence involves no question of law or legal inference and is not subject to review on appeal.
    Appeal by defendant from Finley, J., at September Term, 1931, of Moore.
    Civil action by plaintiff, alleged landlord, to recover rent of alleged tenant.
    Tbe jury answered tbe issue of tenancy in favor of tbe defendant and against tbe plaintiff.
    
      On motion of tbe plaintiff, tbe court, in its discretion, set aside tbe verdict as against tbe weight of tbe evidence. Defendant appeals, assigning errors.
    
      U. L. Spence for plaintiff.
    
    
      Cook & Cook for defendant.
    
   Stacy, C. J.

Tbe action of tbe trial court in setting aside tbe verdict as contrary to tbe weight of tbe evidence was a matter resting in bis sound discretion, which involves no question of law or legal inference, and is not subject 'to review on appeal. Goodman v. Goodman, 201 N. C., 808, 161 S. E., 686; Goodman v. Goodman, 201 N. C., 794, 161 S. E., 688.

Appeal dismissed.  