Hammond Ex Rel. Hammond v. Bullard

Denny, E.J.

The appellants assign as error the failure of the court below to sustain their motion for judgment as of nonsuit made at the close of plaintiff’s evidence and renewed at the close of all the evidence. The defendants contend the court erred in denying their motion for judgment as of nonsuit, on the ground that the plaintiff seeks to do something indirectly that she could not do directly, citing Davis v. Davis, 223 N.C. 36, 25 S.E. 2d 181. This position is untenable for two reasons. The first one is that in the instant case the action was brought by a next friend, which was…