Presson v. Presson

BRITT, Judge.

Defendant assigns as error the denial of his motion to • dismiss made at the close of plaintiff’s evidence and renewed at the close of all the evidence. Such a motion, apparently, made under Rule 41 (b), in an action or cause tried by the court without a jury challenges the sufficiency of the plaintiff’s evidence to establish her right to relief. Wells v. Sturdivant Life Ins. Co., 10 N.C. App. 584, 179 S.E. 2d 806 (1971). In determining the sufficiency of the evidence in this cause, when the trial judge denied defendant’s motion for dismissal, he was subject to the same…