Ferrell v. Metropolitan Life Insurance

At tbe close of plaintiff’s evidence, tbe defendant did not make a motion for judgment as in case of nonsuit. C. S., 567. Tbe record discloses “at tbe conclusion of all tbe testimony tbe Court, of its own volition, ordered that judgment of nonsuit be entered.”

In Nowell v. Basnight, 185 N. C., 142 (147), “The following may be considered as fairly interpretative of C. S., 567 . . . Time of making motion — It must be made first at the close of plaintiff’s evidence and before defendant introduces any evidence.” By the failure of defendant to follow strictly 0. S., 567, the question of the…