Aiken v. Collins

PARKER, Judge.

Appellant first assigns as error the judgment “allowing the directed verdict in favor of the defendant Edna Dare Collins at the close of the evidence.” A motion for directed verdict under G.S. 1A-1, Rule 50(a) of the Rules of Civil Procedure is appropriate when trial is held before a jury. When trial is by the court without a jury, the appropriate motion by which a defendant may test the sufficiency of plaintiff’s evidence to show a right to relief is a motion for involuntary dismissal as provided for in G.S. 1A-1, Rule 41 (b). This rule contains the following:

“After the…