Ivery v. Ivery

Defendant’s Assignments of Error Nos. 1 and 5 are based on his exceptions to the overruling of his motions for judgment of nonsuit. The only motion to be considered is that made by defendant ■at the conclusion of .all the evidence. G.S. 1-183; Spaugh v. Winston-Salem, 249 N.C. 194, 105 S.E. 2d 610.

The evidence, when considered in the light most favorable to plaintiff, was sufficient to support a finding that Paul F. Ivery, deceased, at the time of the marriage ceremony on May 12, 1960, was mentally incapable of contracting a valid marriage. Indeed, defendant does not contend otherwise.

Defendan…