BLACKWELL v. BUTTS

No. 71.

180 S.E.2d 835 (1971)

Thomas E. BLACKWELL v. Henry T. BUTTS, Guardian Ad Litem of Larry Wayne Butts.

Supreme Court of North Carolina.

May 12, 1971.


Attorney(s) appearing for the Case

McMichael, Griffin & Post, by Albert J. Post and W. Edward Deaton, Reidsville, for plaintiff appellant.

Bethea, Robinson & Moore, by Norwood E. Robinson, Reidsville, for defendant appellee.


BOBBITT, Chief Justice.

The trial was by the court without a jury. A contention by defendant that plaintiff upon the facts and the law had shown no right to relief should have been presented by a motion to dismiss on that ground. Rule 41(b) of the Rules of Civil Procedure (G.S. § 1A-1). The record does not show defendant made a motion to dismiss.

In reversing on the ground there was insufficient evidence to support the factual elements in Finding of Fact...

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