CRAVEN v. CRAVEN

No. 7818DC938.

256 S.E.2d 286 (1979)

42 N.C. App. 243

Nora L. CRAVEN v. John Edgar CRAVEN.

Court of Appeals of North Carolina.

July 3, 1979.


Attorney(s) appearing for the Case

Tate & Bretzmann by C. Richard Tate, Jr., High Point, for plaintiff-appellee.

Stephen E. Lawing, High Point, for defendant-appellant.


MITCHELL, Judge.

The defendant first assigns as error the failure of the trial court to grant his motion for dismissal. A motion for dismissal at the close of the plaintiff's evidence in an action tried by the court without a jury properly may be granted pursuant to G.S. 1A-1, Rule 41(b) when the plaintiff has failed to introduce evidence sufficient to show a right to relief. The plaintiff's evidence in the present case tended to show that she was married to the defendant...

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