Legal Opinion

Abel v. . Dworsky

Supreme Court of North Carolina

Decided April 4, 1928PublishedCited by 3 opinions

1Opinion of the Court

Per Ourlajm.

The defendants, at the close of plaintiff’s evidence and at the close of all the evidence, made a motion for judgment as in ease of nonsuit. C. S., 567.

“It is the well settled rule of practice and the accepted position in this jurisdiction that, on a motion to nonsuit, the evidence which makes for the plaintiff’s claim and which tends to support her cause of action, whether offered by the plaintiff or elicited from the defendant’s witnesses, will be taken and considered in its most favorable light for the plaintiff, and she is 'entitled to the benefit of every reasonable…

2Cases cited2 opinions

  1. Des Farges v. . PughSupreme Court of North Carolina · 1885
  2. Darden v. . BakerSupreme Court of North Carolina · 1927

3Cited by3 opinions

  1. Clark v. Laurel Park Estates, Inc.Supreme Court of North Carolina · 1929
  2. MacMillan Buick Co. v. RhodesSupreme Court of North Carolina · 1939
  3. Morris v. . Y. and B. CorporationSupreme Court of North Carolina · 1930

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