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