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KIRKMAN v. BAUCOM

No. 597.

98 S.E.2d 922 (1957)

246 N.C. 510

Charles H. KIRKMAN, Administrator of the Estate of Louis Wolf, Deceased, v. George H. BAUCOM, Jr., Trading as Acme Produce Company, and L. Sneed High, Administrator of the Estate of George H. Baucom, Jr., now Deceased. Edward F. FULLER v. George H. BAUCOM, Jr., Trading as Acme Produce Company, and L. Sneed High, Administrator of the Estate of George H. Baucom, Jr., now Deceased. Julia WILLIAMS, Administratrix of the Estate of Belvin Williams, Deceased, v. Charles KIRKMAN, Administrator of the Estate of Louis Wolf, Deceased, and Edward Fuller.

Supreme Court of North Carolina.

June 28, 1957.

Attorney(s) appearing for the Case

Anderson, Nimocks & Broadfoot, Fayetteville, for appellants.

Oates, Quillin & Russ and Nance, Barrington & Collier, Fayetteville, for appellees.

BOBBITT, Justice.

Baucom's administrator, the defendant-appellant in the Wolf and Fuller cases, insists that the court erred in refusing to allow his motions for judgments of involuntary nonsuit.

In considering this question, these well established rules apply: 1. Only the motions made at the close of all the evidence are to be considered. Murray v. Wyatt, 245 N.C. 123, 95 S.E.2d 541. 2. The...

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