Temple v. Temple

Civil action by husband for absolute divorce on the ground of natural impotency of the wife. G.S. 50-5(2).

The jury returned a verdict finding all the crucial issues in favor of the plaintiff. After verdict, the trial judge, being of the opinion that the plaintiff’s evidence was insufficient as a matter of law to justify a decree of absolute divorce on the ground of impotency, entered judgment nonsuiting and dismissing the action. From the judgment so entered, the plaintiff appeals.

Under our decisions the question of the sufficiency of the evidence to carry a case to the jury must be decided…