Ramsey v. Ramsey

GEAHAM, Judge.

The only question of substance raised by this appeal is whether the trial judge erred in denying appellant’s motion to dismiss made at the close of plaintiff’s evidence and renewed at the close of all the evidence. We hold that he did not.

Appellant’s motion to dismiss, made pursuant to G.S. 1A-1, Eule 41 (b), challenged the sufficiency of the evidence to establish plaintiff’s right to relief, and in passing on the motion the trial judge was guided by the same principles expressed under our former procedure with respect to the sufficiency of the evidence to withstand the motion…