Bennett v. . Powers

Upon his appeal to this Court, defendant relies chiefly upon his assignment of error based upon an exception to the refusal of the court to allow his motion for judgment as of nonsuit. This motion was duly made and exceptions duly taken as provided by C. S., 567. Defendant thus presents his contention that upon all the evidence, considered in accordance with the well-settled rule applicable upon the consideration of a motion for judgment as of nonsuit — Boswell v. Hosiery Mills, 191 N.C. 549 — plaintiff is not entitled to recover of defendant in this action, for that the evidence, taken in…