Gillikin v. Mason

With reference to plaintiff’s cause of action, whether the court erred in denying defendant’s motions for judgment of nonsuit is not presented. No judgment was entered against defendant. He had no right of appeal from the denial of his said motions. When the court ordered the mistrial and continuance, the case, as to plaintiff’s cause of action, remained on the civil issue docket for trial de novo, unaffected by rulings made therein during the trial conducted by Judge Walker. GMC Trucks v. Smith, 249 N.C. 764, 107 S.E. 2d 746, and cases cited.

Although the court, with reference to plaintiff’s…