Hoover v. Odom

Supreme Court of North Carolina

Hoover v. Odom

108 S.E.2d 426, 250 N.C. 235, 1959 N.C. LEXIS 628

CourtSupreme Court of North Carolina

DecidedApril 29, 1959

StatusPublished

Cited by1 cases

This text of 108 S.E.2d 426 (Hoover v. Odom) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hoover v. Odom, 108 S.E.2d 426, 250 N.C. 235, 1959 N.C. LEXIS 628 (N.C. 1959).

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Opinion

Per CuRiAM.

The rule is uniformly observed in this State that a plaintiff, in an ordinary civil action, againist whom no counterclaim is asserted and no 'affirmative relief is demanded, may take a voluntary nonsuit and get out of court at any time before verdict. Everett v. Yopp, 247 N.C. 38, 100 S.E. 2d 221. The judgment of involuntary nonsuit is, therefore, set aside. The cause is remanded to the Superior Count of Randolph County where judgment of voluntary nonsuit will be entered. '

Reversed and Remanded.

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Per CuRiAM.

The rule is uniformly observed in this State that a plaintiff, in an ordinary civil action, againist whom no counterclaim is asserted and no 'affirmative relief is demanded, may take a voluntary nonsuit and get out of court at any time before verdict. Everett v. Yopp, 247 N.C. 38, 100 S.E. 2d 221. The judgment of involuntary nonsuit is, therefore, set aside. The cause is remanded to the Superior Count of Randolph County where judgment of voluntary nonsuit will be entered. '

Reversed and Remanded.

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Bluebook (online)

108 S.E.2d 426, 250 N.C. 235, 1959 N.C. LEXIS 628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoover-v-odom-nc-1959.

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