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HODGES v. HODGES

No. 7711SC376.

246 S.E.2d 812 (1978)

George J. HODGES v. Firth Franklin HODGES and wife, Maude E. Hodges.

Court of Appeals of North Carolina.

August 15, 1978.

Attorney(s) appearing for the Case

Johnson & Johnson by W. A. Johnson, Lillington, for plaintiff-appellee.

McCoy, Weaver, Wiggins, Cleveland & Raper by Richard M. Wiggins, and Elmo R. Zumwalt, III, Fayetteville, and Mast, Tew, Nall & Moore by George B. Mast, Smithfield, for defendants-appellants.

PARKER, Judge.

At the conclusion of plaintiff's evidence and again at the close of all evidence, defendants moved for a directed verdict pursuant to G.S. 1A-1, Rule 50. These motions were denied, and defendants now assign error to these rulings. By introducing evidence, defendants waived their first motion, Overman v. Products Co., 30 N.C. App. 516, 227 S.E.2d 159 (1976), and their assignment...

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