Smith v. Ritch

The first material assignment of error made by defendants : At the close of plaintiff's evidence, and at the conclusion of all the evidence, defendants made a motion for judgment as in case of non-suit. C. S., 567.

In Nash v. Royster, 189 N. C., at p. 410, Stacy, C. J., said: “It is the settled rule of practice and the accepted position in this jurisdiction that, *75on a motion to nonsuit, tbe evidence which makes for the plaintiff’s claim, and which tends to support her cause of action, whether offered by the plaintiff or elicited from the defendant’s witnesses, will be taken and considered in…