GILLIKIN v. MASON

No. 97.

124 S.E.2d 541 (1962)

256 N.C. 533

Lundy GILLIKIN, Jr. v. Elton Lee MASON.

Supreme Court of North Carolina.

March 21, 1962.


Attorney(s) appearing for the Case

Hamilton, Hamilton & Phillips, Moorehead City, for defendant, appellant.

C. R. Wheatly, Jr., and Thomas S. Bennett, Beaufort, for plaintiff, appellee.


BOBBITT, Justice.

With reference to plaintiff's cause of action, whether the court erred in denying defendant's motions for judgment of nonsuit is not presented. No judgment was entered against defendant. He had no right of appeal from the denial of his said motions. When the court ordered the mistrial and continuance, the case, as to plaintiff's cause of action, remained on the civil issue docket for trial de novo, unaffected by rulings made therein

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