Home Finance Co. of Georgetown, Inc. v. O'Daniel

Tbe defendant Kennedy assigns as bis Error No. One tbe refusal of tbe court to nonsuit tbe plaintiff at tbe close of tbe plaintiff’s evidence, and assigns as bis Error No. Two tbe refusal of tbe court to nonsuit tbe plaintiff at tbe close of all tbe evidence. Kennedy in bis brief states: “G.S. 44-38.1 applied to tbe entire transaction in controversy and tbe motions for judgment as of nonsuit should have been allowed.” He further states in bis brief “if for any reason G.S. 44-38.1 should be held inapplicable to tbe instant case because of tbe effective date of tbe statute, it is respectfully…