Scott v. Scott

Defendant’s first assignment of error raised the question, does a resident judge have jurisdiction to pass upon a motion of nonsuit in chambers?

Since the enactment of Chapter 142, Public Laws of 1945, (now the first proviso in G.S. 7-65) the answer has been YES. Prior thereto, it was NO. McIntosh, North Carolina Practice and Procedure, (1st ed.) Section 630; Bynum v. Powe, 97 N.C. 374, 2 S.E. 170; McFetters v. McFetters, 219 N.C. 731, 14 S.E. 2d 833.

Chapter 92, Public Laws of 1921, Extra Session (now G.S. 1-209) gave the clerks of the Superior Court authority to enter judgments of nonsuit and…