Dix v. . Pruitt ( 1926 )

Pee Cukiam.

We tbink bis Honor was in error in setting aside tbe verdict as a matter of law. His conclusion seems to bave been based principally, if not entirely, on tbe action wbicb was taken in a meeting beld at tbe Dan River Primitive Baptist Oburcb on 9 October, 1923, and tbis action was beld to be void by reason of tbe minority of tbe members, tbe time of meeting, tbe want of notice to tbe defendants, and tbe lack of power to exclude tbem without notice. Upon these grounds it was adjudged that tbe action of tbe minority in tbe meeting was of no effect. Tbis was a misapprehension of tbe situation. Tbe cause of tbe action is not dependent on what was done in tbe meeting of 9 October, for if no such meeting bad been beld tbe relative rights of tbe parties to tbe church property were still open to litigation. Tbe merits of tbe controversy embrace questions wbicb may be only incidentally connected with tbe meeting referred to.

While tbe judgment must be reversed, we do not now pass upon tbe question whether tbe judgment tendered by tbe plaintiffs should bave been signed. Tbe defendants may bave other exceptions to be considered on their motion to set aside tbe verdict or reasons for asking that it be set aside as a matter of discretion. If judgment is rendered for tbe plaintiffs upon tbe verdict tbe defendants will bave tbe opportunity to present for review any exceptions taken and entered of record.

Error.