EL LOWIE & COMPANY v. Atkins

At the outset, while defendant entered exceptions Numbers 12 and 37, respectively, to the action of the trial court in denying his motions for judgment as of nonsuit made first when plaintiff rested its case, and renewed at the close of all the evidence, there is no assignment of error based on these exceptions. Hence they will be deemed to be abandoned. Rule 19(3) of Rules of Practice in Supreme Court, 221 N.C. 544, at 554.

In this connection it is noted that appellant debates in his brief these two exceptions. Suffice it to say, as declared in S. v. Dew, 240 N.C. 595, 83 S.E. 2d 482,…