Alston v. Monk

EAGLES, Judge.

Defendants here present numerous assignments of error and argue they aré entitled to a new trial. After a careful review of the record we disagree and affirm the trial court’s judgment.

By defendants’ first assignment of error they contend that denial of their motions to dismiss at the close of plaintiffs evidence and at the close of all the evidence was error. We disagree.

By presenting evidence on their own behalf, defendants waived their motion to dismiss made at the close of plaintiffs evidence. Overman v. Products Co., 30 N.C. App. 516, 227 S.E. 2d 159 *62(1976). Defendants…