#### In Matter of WILLIAM H. BLAIR.

(Filed 19 October, 1949.)

Trial § 48?4 —

An order of the trial court setting aside the verdict in the exercise of its discretion is not reviewable in the absence of abuse of discretion.

Appeal by respondent William H. Blair from Rousseau, J., at May Term, 1949, of Caldwell.

Appeal dismissed.

L. M. Abernethy and W. H. Strickland for respondent, appellant.

No counsel contra.

*754Per Cueiam.

Petition to have William H. Blair declared incompetent by reason of want of understanding, to manage bis affairs was beard before tbe clerk and a jury. From an adverse verdict and judgment tbe respondent appealed to tbe Superior Court in term. On tbe trial in tbe Superior Court there was verdict for respondent, whereupon tbe court, in its discretion, set aside tbe verdict and ordered tbe case docketed for trial at a subsequent term. Respondent appealed.

Tbe action of tbe court, in tbe exercise of its discretion, in setting aside tbe verdict is not reviewable, in tbe absence of evidence of abuse of discretion, and tbe appeal therefrom must be dismissed. Jarrett v. Trunk Co., 142 N.C. 466, 65 S.E. 338; In re Beal, 200 N.C. 754, 158 S.E. 388; Privette v. Allen, ante, 662, 55 S.E. 2d 188.

Appeal dismissed.