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CARTERET COUNTY GENERAL HOSPITAL CORP. v. MANNING

No. 733DC161.

196 S.E.2d 538 (1973)

18 N.C. App. 298

CARTERET COUNTY GENERAL HOSPITAL CORPORATION, d/b/a Carteret General Hospital v. Thessally H. MANNING and wife, Edith Manning.

Court of Appeals of North Carolina.

May 23, 1973.

Attorney(s) appearing for the Case

Wheatly & Mason, by L. Patten Mason, Beaufort, for plaintiff appellant.

Hamilton, Hamilton & Phillips, by Luther Hamilton, Jr., Morehead City, for defendant appellees.

HEDRICK, Judge.

This appeal presents for resolution the question of whether the trial court erred in granting defendants' "motion for nonsuit" at the close of plaintiff's evidence.

"When the new rules of Civil Procedure became effective on 1 January, 1970, the word nonsuit was banished from our civil practice. In nonjury trials the motion for nonsuit has been replaced by the motion for a dismissal, G.S. § 1A-1, Rule 41(b). . . ." Cutts v. Casey...

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