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TATE v. BRYANT

No. 7217DC677.

191 S.E.2d 433 (1972)

16 N.C. App. 132

William Harry TATE v. Helen Davenport BRYANT.

Court of Appeals of North Carolina.

September 20, 1972.

Attorney(s) appearing for the Case

Gardner & Gardner by Carl E. Bell, Mount Airy, for plaintiff appellee.

Hudson, Petree, Stockton, Stockton & Robinson by James H. Kelly, Jr., Winston-Salem, for defendant appellant.

CAMPBELL, Judge.

Defendant assigned as error the failure of the trial court to grant its motion for directed verdict and judgment N.O.V.

Upon motion for directed verdict or judgment N.O.V., in determining the sufficiency of the evidence, the court is guided by the same principles that prevailed under former procedure with respect to the sufficiency of the evidence to withstand a motion for nonsuit. Musgrave v. Savings & Loan Assoc., 8 N.C. App. 385,

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