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NEASHAM v. DAY

No. 7630SC958.

237 S.E.2d 287 (1977)

34 N.C. App. 53

Leo B. NEASHAM and wife, Winnifred Neasham v. John D. DAY and wife, Doris Day.

Court of Appeals of North Carolina.

September 7, 1977.

Attorney(s) appearing for the Case

No brief filed for plaintiff-appellee.

McKeever, Edwards, Davis & Hays by George P. Davis, Jr., Bryson City, for defendant-appellant.

ARNOLD, Judge.

Only one assignment of error is contained in the record on appeal:

"The Court erred in denying the defendants' Motions for a Directed Verdict at the close of plaintiffs' evidence and renewed at the closing of all the evidence. Defendants' Exceptions No. 1 and 2"

In an action tried without a jury the appropriate motion by which defendants test the sufficiency of plaintiffs' evidence is by motion for dismissal. G.S. 1A-1, Rule 41(b)...

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