Legal Opinion

Rumbough v. . Young

Supreme Court of North Carolina

Decided September 5, 1896PublishedCited by 7 opinions

Civil actioN, tried at Eall Term, 1895, of MadisoN Superior Court, before Robinson, J. The facts appear in the opinion of Chief Justice EaiRCLotii. Erom a refusal of plntiff’s motion to be allowed to enter a non-suit plaintiff appealed.

1Opinion of the Court

FaiRCLoth, O. J.:

We were not favored with an argument, and upon examination of the record we find the only question was whether the plaintiff had a right to a judgment of non-suit on his own motion, after his Honor had intimated that he could not recover, at the close of his evidence. The defendant objected to a non-suit on the ground that the parties had prayed for affirmative relief. The court refused the motion of non-suit and proceeded to try the case. His Honor fell into the error of treating the affirmative relief demanded by the defendant as a counter-claim. It appears that the…

2Cited by7 opinions

  1. Wood v. Tinsley.Supreme Court of North Carolina · 1905
  2. Board of Com'rs of Roxboro v. BumpassSupreme Court of North Carolina · 1953
  3. Sink v. . HireSupreme Court of North Carolina · 1936
  4. State v. TaylorCourt of Appeals of North Carolina · 1987
  5. Sydnor Pump & Well Co. v. Rocky Mount Ice Co.Supreme Court of North Carolina · 1899

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