GURTIS v. CITY OF SANFORD

No. 7311DC270.

197 S.E.2d 584 (1973)

18 N.C. App. 543

Ruth Bain GURTIS and Sarah M. Ballard v. CITY OF SANFORD et al.

Court of Appeals of North Carolina.

June 27, 1973.


Attorney(s) appearing for the Case

Adams, Lancaster, Seay, Rouse & Sherrill by Basil Sherrill, Raleigh, for plaintiff appellants.

Lowry M. Betts, Pittman, Staton & Betts, Sanford, for City of Sanford, defendant appellee.

Jimmy L. Love, Sanford, for Southern National Bank of North Carolina, Trustee, defendant appellee.


BRITT, Judge.

By two assignments of error, plaintiffs contend the court erred (1) in allowing defendant city's motion to dismiss at the close of all the evidence and (2) in signing and entering the judgment.

The record reveals that when plaintiffs rested their case, defendants moved to dismiss but the court overruled their motions; that after defendant city rested its case, it renewed its motion to dismiss and the motion was allowed. However, in its judgment...

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