Mayo v. Mayo

JOHNSON, Judge.

Defendant assigns as error the trial court’s denial of her motion for directed verdict and its finding that defendant was not legally married to Danny Lee Mayo. Before determining whether the trial court’s denial of the motion was correct, we must examine the procedural aspect of defendant’s motion.

Directed verdicts are appropriate only in jury cases. G.S. 1A-1, Rule 50; Bryant v. Kelly, 279 N.C. 123, 181 S.E. 2d 438 (1971). This case was tried without a jury. In nonjury civil cases the appropriate motion by which a defendant may test the sufficiency of the plaintiffs evidence…