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SCOTT v. SCOTT

No. 399.

131 S.E.2d 478 (1963)

259 N.C. 642

Donald SCOTT v. Roslyn Kern SCOTT.

Supreme Court of North Carolina.

June 14, 1963.

Attorney(s) appearing for the Case

Womble, Carlyle, Sandridge & Rice, by Charles F. Vance, Jr., Winston-Salem, and Erdheim & Armstrong, New York City, for defendant-appellant.

McLennan & Surratt, Winston-Salem, and Weidlich & Rogers, New York City, for plaintiff-appellee.

SHARP, Justice.

Defendant's first assignment of error raised the question, does a resident judge have jurisdiction to pass upon a motion of nonsuit in chambers?

Since the enactment of Chapter 142, Public Laws of 1945, (now the first proviso in G.S. § 7-65) the answer has been YES. Prior thereto, it was NO. McIntosh, North Carolina Practice and Procedure (1st ed.) Section 630; Bynum v. Powe, 97 N.C. 374, 2 S.E. 170; McFetters v. McFetters, 219 N.C. 731...

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