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TOWN OF ROLESVILLE v. PERRY

No. 7310SC498.

204 S.E.2d 719 (1974)

21 N.C. App. 354

TOWN OF ROLESVILLE v. Jesse J. PERRY and Mary Catherine Perry, his wife.

Court of Appeals of North Carolina.

May 1, 1974.

Attorney(s) appearing for the Case

Harris & Harris by Jane P. Harris, Wake Forest, for plaintiff-appellant.

Edward Paschal, Wake Forest, for defendant-appellees.

PARKER, Judge.

Motion for a directed verdict is appropriate only in a jury trial. This case having been tried without a jury, the proper motion by which to test the sufficiency of plaintiff's evidence to establish a right to relief was a motion for involuntary dismissal under Rule 41(b). Bryant v. Kelly, 10 N.C. App. 208, 178 S.E.2d 113, rev'd on other grounds in 279 N.C. 123...

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