Pergerson v. Williams

PARKER, Judge.

The judgment appealed from recites it was entered under Rule 41(b). Except for dismissal for failure of plaintiff to prosecute or to comply with the rules of civil procedure or an order of court, which are clearly inapplicable here, Rule 41 (b) deals with motions for a dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief in an action tried by the court without a jury. G.S. 1A-1, Rule 41(b). The present case was tried before judge and jury. Therefore, the reference in the judgment to Rule 41(b) was not appropriate. Federal courts,…