Pearson v. Luther

The questions involved: First. Did the trial court err in refusing to grant motion for judgment of nonsuit on counterclaim of defendant? ~We cannot so hold.

At the close of defendant’s evidence and at the close of all the evidence the plaintiff, in the general county court of Buncombe Cotxnty, made motions for judgment as in case of nonsuit as to defendant’s counterclaim. C. S., 567. These motions were overruled and affirmed on appeal to the Superior Court. In this we see no error.

The evidence which makes for plaintiff’s claim, or tends to support his cause of action, is to be taken in its…