Hoover v. Odom
108 S.E.2d 426, 250 N.C. 235, 1959 N.C. LEXIS 628
Opinion
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.
Free access — add to your briefcase to read the full text and ask questions with AI
Hoover v. Odom, 108 S.E.2d 426, 250 N.C. 235, 1959 N.C. LEXIS 628 (N.C. 1959).
108 S.E.2d 426 (Hoover v. Odom) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Southeastern Fire Insurance Company v. Walton
123 S.E.2d 780 (Supreme Court of North Carolina, 1962)