Legal Opinion

Anderson Ex Rel. Anderson v. Butler

Supreme Court of North Carolina

Decided February 25, 1974No. 49PublishedCited by 54 opinions

1Opinion of the Court

BRANCH, Justice.

Initially we are confronted with plaintiffs’ contention that defendants are not entitled to present as an assignment of error the denial of their Motions for directed verdicts upon appeal since they assigned no grounds for the Motions in the trial court. ;

Rule 50(a) requires that “A motion for a directed verdict shall state the specific grounds therefor.”

The Federal Courts have construed the identical provisions in their Rule 50(a) of the Federal Rules to mean that the requirement is mandatory. Capital Transportation Company v. Compton, 187 F. 2d 844 (8th Cir. 1951); Atlantic…

2Cases cited28 opinions

  1. Linville v. . NissenSupreme Court of North Carolina · 1913
  2. Dowell, Inc. v. JowersCourt of Appeals for the Fifth Circuit · 1948
  3. Bowen v. GardnerSupreme Court of North Carolina · 1969
  4. Taylor v. . StewartSupreme Court of North Carolina · 1916
  5. Wagoner v. North Carolina RailroadSupreme Court of North Carolina · 1953

23 more not listed; retrieve them via the Exa API.

3Cited by54 opinions

  1. Nelson v. FreelandSupreme Court of North Carolina · 1998
  2. Manganello v. Permastone, Inc.Supreme Court of North Carolina · 1977
  3. Love v. PressleyCourt of Appeals of North Carolina · 1977
  4. Griffin v. Wheeler-Leonard & Co., Inc.Supreme Court of North Carolina · 1976
  5. Abels v. Renfro Corp.Supreme Court of North Carolina · 1993

49 more not listed; retrieve them via the Exa API.

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