Morton v. Blades Lumber Co.
Supreme Court of North Carolina
Appeal by plaintiffs, from 0. II. Allen, J., at November Term, 1909, of Graven-. At tbe conclusion of the evidence of plaintiff, the defendants moved for judgment of nonsuit. His Honor sustained the motion, and plaintiffs appealed to this Court. In the report of this case on a former appeal, 144 N. C., 31, there will be found a statément of this controversy as presented by the pleadings, and it will not be here repeated, for the record indicates no change in the pleadings.
1Opinion of the CourtManning, J.
This'case being presented to us upon the ruling of his Honor, upon plaintiff’s evidence, allowing the motion of the defendants, under the statute, to nonsuit the plaintiffs, it has been held uniformly by this Court that “where a motion to dismiss an action is made, under the statute, the evidence must be construed in the view most favorable to the plaintiff, and every fact which it tends to prove, and which is an essential ingredient of the cause of action, must be taken as established, as the jury, if the case had been submitted to them, might have found the facts from the testimony.” Cotton…
2Cases cited7 opinions
- Cotton v. North Carolina R. R. Co.Supreme Court of North Carolina · 1908
- Williams v. . TeacheySupreme Court of North Carolina · 1881
- Brittain v. WesthallSupreme Court of North Carolina · 1904
- Freeman v. . BrownSupreme Court of North Carolina · 1909
- Dameron v. . EskridgeSupreme Court of North Carolina · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Boddie v. BondSupreme Court of North Carolina · 1911
- Standard Trust Co. of New York v. Commercial National BankSupreme Court of North Carolina · 1914
- Jones v. . WilliamsSupreme Court of North Carolina · 1911
- Lamb v. PerrySupreme Court of North Carolina · 1915
- Newby v. . Realty Co.Supreme Court of North Carolina · 1921
13 more not listed; retrieve them via the Exa API.