Harrison v. Metropolitan Life Insurance

Neither at the close of plaintiff’s evidence nor at the close of all the evidence did the defendant make a motion for judgment as in case of nonsuit, as is allowed in C. S., 567.

In Harris v. Buie, 202 N. C., 634 (636), is the following: “At the close of plaintiff’s evidence the defendant Buie did not move for judgment as in case of nonsuit in the court below, nor at the close of all the evidence, as he had a right to do under C. S., 567. By the failure of defendant to follow strictly C. S., 567, supra, the question of the insufficiency of evidence is waived. Nowell v. Basnight, 185 N. C.,…