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SNELLINGS v. ROBERTS

No. 7110SC598.

183 S.E.2d 872 (1971)

12 N.C. App. 476

Mabel R. SNELLINGS, Administratrix of the Estate of Charlie Jack Snellings, Deceased, v. Mary Lanier ROBERTS and William Hubert Roberts, Jr.

Court of Appeals of North Carolina.

Certiorari Denied December 14, 1971.

Attorney(s) appearing for the Case

Yarborough, Blanchard, Tucker & Denson by James E. Cline, Raleigh, for plaintiff-appellant.

Smith, Anderson, Dorsett, Blount & Ragsdale by Willis Smith, Jr., Raleigh, for defendant-appellee.

BRITT, Judge.

Did the court err in entering judgment notwithstanding the verdict pursuant to G.S. § 1A-1, Rule 50? We hold that it did.

In determining the sufficiency of the evidence upon a motion for judgment notwithstanding the verdict, we are guided by the same principles that prevailed under our former procedure with respect to the sufficiency of evidence to withstand a motion for nonsuit under now repealed G.S. § 1-183. Musgrave v. Savings ...

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