IVERY v. IVERY

No. 241.

129 S.E.2d 457 (1963)

258 N.C. 721

David R. IVERY v. Gladys W. IVERY, Executrix of the Estate of Paul F. Ivery, and, Gladys W. Ivery, Individually.

Supreme Court of North Carolina.

February 27, 1963.


Attorney(s) appearing for the Case

Robert G. Sanders and J. C. Sedberry, Charlotte, for plaintiff appellee.

B. F. Wellons and Brock Barkley, Charlotte, for defendant appellant.


BOBBITT, Justice.

Defendant's Assignments of Error Nos. 1 and 5 are based on his exceptions to the overruling of his motions for judgment of nonsuit. The only motion to be considered is that made by defendant at the conclusion of all the evidence. G.S. § 1-183; Spaugh v. Winston-Salem, 249 N.C. 194, 105 S.E.2d 610.

The evidence, when considered in the light most favorable to plaintiff...

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