EDWARDS v. ARNOLD

No. 611.

109 S.E.2d 205 (1959)

250 N.C. 500

R. E. EDWARDS and wife, Annie Belle Edwards, v. Floyd J. ARNOLD and wife, Mary N. Arnold, and Bladen County.

Supreme Court of North Carolina.

June 12, 1959.


Attorney(s) appearing for the Case

Clark, Clark & Grady, Elizabethtown, for plaintiffs.

Leon D. Smith and Hester & Hester, Elizabethtown, for defendants.


BOBBITT, Justice.

The judgment recites that plaintiffs' motion "for judgment of nonsuit on defendants' cross action" was denied at the close of defendants' evidence but allowed "at the close of all the evidence." Affirmative defenses, not a cross action, were pleaded by defendants. In view of the quoted adjudications, this recital in the judgment would seem only to reflect a ruling by the court that defendants' evidence was not sufficient to require submission of...

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