Moody v. Kitchin Lumber Co.

Supreme Court of North Carolina

Moody v. Kitchin Lumber Co.

123 S.E. 927, 187 N.C. 861, 1924 N.C. LEXIS 432

DecidedMay 31, 1924

StatusPublished

This text of 123 S.E. 927 (Moody v. Kitchin Lumber Co.) 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

Moody v. Kitchin Lumber Co., 123 S.E. 927, 187 N.C. 861, 1924 N.C. LEXIS 432 (N.C. 1924).

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Opinion

Per Curiam.

The exception chiefly relied upon by the defendant, as stressed on the argument and in its brief, is the one directed to the refusal of the court to grant its motion for judgment as of nonsuit, made first at the close of the plaintiff’s evidence, and renewed at the close of all the evidence. C. S., 567. A careful perusal of the record leaves us with the impression that the case was properly submitted to the jury.

No benefit would be derived from detailing the testimony of the several witnesses, as the only question presented is whether, in its entirety, it is sufficient to carry the case to the jury, and we think it is.

No error.

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Per Curiam.

The exception chiefly relied upon by the defendant, as stressed on the argument and in its brief, is the one directed to the refusal of the court to grant its motion for judgment as of nonsuit, made first at the close of the plaintiff’s evidence, and renewed at the close of all the evidence. C. S., 567. A careful perusal of the record leaves us with the impression that the case was properly submitted to the jury.

No benefit would be derived from detailing the testimony of the several witnesses, as the only question presented is whether, in its entirety, it is sufficient to carry the case to the jury, and we think it is.

No error.

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Bluebook (online)

123 S.E. 927, 187 N.C. 861, 1924 N.C. LEXIS 432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moody-v-kitchin-lumber-co-nc-1924.