Legal Opinion

Graves v. Walston

Supreme Court of North Carolina

Decided March 4, 1981No. 95PublishedCited by 16 opinions

1Opinion of the Court

HUSKINS, Justice.

Did the trial court err by entering a judgment notwithstanding the verdict for plaintiffs when plaintiffs had not moved for a directed verdict at the close of all the evidence? The answer is yes.

The record on appeal as amended reveals that the following transpired after the jury verdict came in:

COURT: All right, any motions.

MR. BRASWELL: Your honor, I would like for the record to show, that the plaintiffs move that the answer to Issue number four be set aside for that the answer is contrary to the evidence, contrary to the law and that it should be set aside in the interest…

2Cases cited6 opinions

  1. Montgomery Ward & Co. v. DuncanSupreme Court of the United States · 1940
  2. Dickinson v. PakeSupreme Court of North Carolina · 1974
  3. Bryant v. KellySupreme Court of North Carolina · 1971
  4. Whitaker v. EarnhardtSupreme Court of North Carolina · 1976
  5. Hoots v. CalawaySupreme Court of North Carolina · 1973

1 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Bryant v. Nationwide Mutual Fire InsuranceSupreme Court of North Carolina · 1985
  2. Clayton v. BransonCourt of Appeals of North Carolina · 2005
  3. Colony Associates Ex Rel. Watson v. Fred L. Clapp & Co.Court of Appeals of North Carolina · 1983
  4. Livermon v. BridgettCourt of Appeals of North Carolina · 1985
  5. Word v. Jones Ex Rel. MooreSupreme Court of North Carolina · 1999

11 more not listed; retrieve them via the Exa API.

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