Flythe v. . Lassiter

153 S.E. 926, 199 N.C. 804, 1930 N.C. LEXIS 263

• Court: Supreme Court of North Carolina
• Decided: July 2, 1930
• Status: Published

Opinion

Per Curiam.

The defendant, at the' close of plaintiff’s evidence and at the close of all the evidence, moved for judgment as in case of non-suit. C. S., 567. The motions were overruled by the court below and in this we can see no error.

We have read the record and the able briefs of the litigants with care, and we can see no new or novel proposition of law involved in the controversy. It was mainly a question of fact for the jury’s determination, and they have decided for the plaintiff. We see no prejudicial or reversible error in law on the record. A repetition of the facts from the record and the law bearing on defendant’s assignment of errors we think unnecessary to set forth.

The litigation was between sister and brother; the jury decided the issue in favor of the sister. We are bound by the findings.

In the judgment we find

No error.