ANDERSON v. BUTLER

No. 49.

202 S.E.2d 585 (1974)

284 N.C. 723

Eugene S. ANDERSON, II, by his Guardian Ad Litem, et al. v. Cornelius BUTLER, Jr., and wife, Phyllis H. Butler.

Supreme Court of North Carolina.

February 25, 1974.


Attorney(s) appearing for the Case

Dees, Johnson, Tart, Giles & Tedder by J. Sam Johnson, Jr., Greensboro, for plaintiffs appellants.

Harry Rockwell, John R. Hughes, Greensboro, and T. Worth Coltrane, Asheboro, for defendants appellees.


BRANCH, Justice.

Initially we are confronted with plaintiffs' contention that defendants are not entitled to present as an assignment of error the denial of their Motions for directed verdicts upon appeal since they assigned no grounds for the Motions in the trial court.

Rule 50(a) requires that "A motion for a directed verdict shall state the specific grounds therefor."

The Federal Courts have construed the identical provisions in their Rule 50(a...

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