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HOOVER v. ODOM

No. 528.

108 S.E.2d 426 (1959)

250 N.C. 235

Cova Ellen HOOVER v. Mary Betty Thomas ODOM.

Supreme Court of North Carolina.

April 29, 1959.

Attorney(s) appearing for the Case

Don Davis, Ottway Burton, Asheboro, for plaintiff, appellant.

Smith, Moore, Smith, Schell & Hunter, Bynum M. Hunter, Greensboro, for defendant, appellee.

PER CURIAM.

The rule is uniformly observed in this State that a plaintiff, in an ordinary civil action, against whom no counterclaim is asserted and no affirmative relief is demanded, may take a voluntary nonsuit and get out of court at any time before verdict. Everett v. Yopp, 247 N.C. 38, 100 S.E.2d 221. The judgment of involuntary nonsuit is, therefore, set aside. The cause is remanded to the Superior...

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