AIKEN v. COLLINS

No. 7228DC659.

192 S.E.2d 617 (1972)

16 N.C. App. 504

Aubrey AIKEN v. Robert L. COLLINS and wife, Edna Dare Collins et al.

Court of Appeals of North Carolina.

November 22, 1972.


Attorney(s) appearing for the Case

Cecil C. Jackson, Jr., Asheville, for plaintiff appellant.

Paul J. Storey and Charles M. Brown, Jr., Marion, for defendant appellees.


PARKER, Judge.

Appellant first assigns as error the judgment "allowing the directed verdict in favor of the defendant Edna Dare Collins at the close of the evidence." A motion for directed verdict under G.S. § 1A-1, Rule 50(a) of the Rules of Civil Procedure is appropriate when trial is held before a jury. When trial is by the court without a jury, the appropriate motion by which a defendant may test the sufficiency...

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