GLEN FOREST CORPORATION v. BENSCH

No. 7010SC447.

176 S.E.2d 851 (1970)

GLEN FOREST CORPORATION v. Michael B. BENSCH and wife, Eleanor M. Bensch.

Court of Appeals of North Carolina.

October 21, 1970.


Attorney(s) appearing for the Case

Basil L. Sherrill, Adams, Lancaster, Seay, Rouse & Sherrill, Raleigh, for petitioner.

Allen Langston, Raleigh, for respondents.


MORRIS, Judge.

PETITIONER'S APPEAL

To sustain petitioner's position on this appeal would in effect work an amendment to G.S. § 1A-1, Rule 50. That rule provides for a motion for a directed verdict at the close of plaintiff's evidence or at the close of all the evidence. It does not give a litigant the option of waiting until after the verdict is in to make the motion for a directed verdict to attempt to preserve his right to move for judgment notwithstanding...

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