Musgrave v. Mutual Savings & Loan Ass'n

Plaintiffs only assignment of error is to the entry of judgment for defendant notwithstanding the jury verdict for plaintiffs. The judgment was entered 12 January 1970 and undoubtedly represents one of the early instances where the provisions of Rule 50 of the Rules of Civil Procedure (G.S. 1A-1, effective 1 January 1970) were applied. The provisions of Rule 50 pertinent to the appeal are as follows:

“ (b) Motion for judgment notwithstanding the verdict. —(1) Whenever a motion for a directed verdict made at the close of all the evidence is denied or for any reason is not granted, the…