GRAGG v. BURNS

No. 7025SC345.

175 S.E.2d 774 (1970)

Milton GRAGG and wife, Ruby Gragg v. D. R. BURNS and wife, Frances Burns.

Court of Appeals of North Carolina.

August 5, 1970.


Attorney(s) appearing for the Case

No counsel for plaintiffs-appellees.

Louis H. Smith, Boone, for defendants-appellants.


BRITT, Judge.

Defendants assign as error the failure of the trial court to grant their motions to dismiss interposed when plaintiffs first rested and renewed at the conclusion of defendants' evidence. It will be noted that this action was tried subsequent to 1 January 1970, thereby making it subject to the new Rules of Civil Procedure. Treating defendants' motion as one for a directed verdict under Rule 50(a), we do not think the assignment of error is well taken...

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