HINSHAW v. JOYCE

No. 526.

105 S.E.2d 653 (1958)

249 N.C. 218

J. R. HINSHAW v. Charles C. JOYCE.

Supreme Court of North Carolina.

November 19, 1958.


Attorney(s) appearing for the Case

Archie L. Smith and Deane F. Bell, Asheboro, for plaintiff appellant.

Miller & Beck and John Randolph Ingram, Asheboro, for defendant appellee.


PER CURIAM.

The only assignments of error are the refusal to allow plaintiff's motions to nonsuit the counterclaim and the refusal to set aside the verdict as contrary to the weight of the evidence.

The motion to nonsuit made at the close of defendant's evidence was waived when plaintiff offered evidence for the purpose of defeating the counterclaim. G.S. § 1-183.

There is evidence in the record to support each averment of the counterclaim. It...

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