Warren v. Winfrey

Supreme Court of North Carolina

Warren v. Winfrey

94 S.E.2d 481, 244 N.C. 521, 1956 N.C. LEXIS 452

CourtSupreme Court of North Carolina

DecidedSeptember 26, 1956

Docket171

StatusPublished

Cited by2 cases

This text of 94 S.E.2d 481 (Warren v. Winfrey) 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

Warren v. Winfrey, 94 S.E.2d 481, 244 N.C. 521, 1956 N.C. LEXIS 452 (N.C. 1956).

Pincite

Opinion

*522 Per Curiam.

“The power of the court to grant an involuntary non-suit is altogether statutory and must be exercised in accord with the statute, G.S. 1-183.” Ward v. Cruse, 234 N.C. 388, 67 S.E. 2d 257.

G.S. 1-183 provides that “when on trial of an issue of fact in a civil action . . ., the plaintiff has introduced his evidence and rested his case, the defendant may move ... for judgment as in case of nonsuit.”

The court had no power to nonsuit the case before plaintiff rested his case. For this error plaintiff is entitled to a new trial. In the state of the record the questions discussed in the briefs are not presented for decision.

Reversed.

Johnson, J., not sitting.

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