McKay v. . Bullard

This case was before this Court at the Fall Term, 1934, when a new trial was granted the defendant. McKay v. Bullard, 207 N. C., 628.

From a careful reading of the record it seems that the case was mainly one of fact for the jury to determine. This Court, on appeal, can consider only questions of “law or legal inference.” Const, of N. C., Art. IV, sec. 8.

At the close of plaintiff’s evidence and at the close of all the evidence, the defendant in the court below moved for judgment as of nonsuit. N. C. Code, supra, sec. 567. Technically the motion at the close of all the evidence did not comply…