Nunn v. Smith

Defendant was not present in court or represented by counsel and, of course, motion for nonsuit was not made at the close of plaintiff’s evidence. Ordinarily, failure to make the motion amounts to a waiver. G.S. 1-183. However, it is not- error for the court to enter a judgment as of nonsuit on its own motion when the evidence would justify a directed verdict, a nonsuit and directed verdict having the same legal effect. Ferrell v. Insurance Co., 208 N.C. 420, 181 S.E. 327. And the court may direct a verdict against the party who has the burden of proof if the evidence offered, when taken as…