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GRAVES v. WALSTON

No. 95.

275 S.E.2d 485 (1981)

Willie M. GRAVES et al. v. William L. WALSTON and wife, Patty L. Walston; George H. Walston and wife, Jean H. Walston.

Supreme Court of North Carolina.

March 4, 1981.

Attorney(s) appearing for the Case

Braswell & Taylor by Roland C. Braswell, Goldsboro, for plaintiffs-appellees.

James H. Toms, Hendersonville, for defendants-appellants.

HUSKINS, Justice:

Did the trial court err by entering a judgment notwithstanding the verdict for plaintiffs when plaintiffs had not moved for a directed verdict at the close of all the evidence? The answer is yes.

The record on appeal as amended reveals that the following transpired after the jury verdict came in:

COURT: All right, any motions. MR. BRASWELL: Your honor, I would like for the record to show, that the plaintiffs move that the...

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