Neasham v. Day

ARNOLD, Judge.

Only one assignment of error is contained in the record on appeal:

“The Court erred in denying the defendants’ Motions for a Directed Verdict at the close of plaintiffs’ evidence and renewed at the closing of all the evidence.

Defendants’ Exceptions No. 1 and 2”

In an action tried without a jury the appropriate motion by which defendants test the sufficiency of plaintiffs’ evidence is by motion for dismissal. G.S. 1A-1, Rule 41(b). However, this Court may elect to consider defendants’ motions for directed verdict as mo tions to dismiss in order to pass on the merits of this appeal.…