WHEELER v. DENTON

No. 709SC402.

175 S.E.2d 769 (1970)

Samuel Macon WHEELER v. John Wayne DENTON and Vester Earp.

Court of Appeals of North Carolina.

August 5, 1970.


Attorney(s) appearing for the Case

Hubert H. Senter, Franklinton, for plaintiff-appellee.

Reynolds & Farmer, by F. Alton Russell, Raleigh, for defendants-appellants.


MALLARD, Chief Judge.

The first contention of defendant is that the court erred in refusing to grant defendant's motion for judgment as of nonsuit. G.S. § 1-183, which provided for the motion for judgment as of nonsuit, was repealed by the 1967 Legislature, effective 1 January 1970. The new procedure, effective 1 January 1970, substituted the motion for a directed verdict in its stead, G.S. § 1A-1, Rule 50(a). In the comments under G.S. § 1A-1, Rule...

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