Wimberly v. Parrish

When, at the close of the evidence, the court intimated it would give the jury peremptory instructions to find for the defendants, the plaintiffs then had the option of waiting for the instructions, excepting to them and to the judgment and then appeal. Or, they could submit to a nonsuit and appeal. They chose the latter course. The procedure followed is amply supported by our decisions. Justice Denny, in Rochlin v. Construction Co., 234 N.C. 443, 67 S.E. 2d 464, states the rule: “And where a judge intimates an opinion on the law which lies at the foundation of the action, adverse to the…