Lee v. . Penland

When the plaintiff in a civil action has introduced his evidence and rested his ease the defendant may move for dismissal of the action, or for judgment as in case of nonsuit. If the motion is allowed the plaintiff may .except and appeal; if it is not allowed the defendant may except, and if he introduces no evidence the jury shall pass upon the issues, and he may have the benefit of the latter exception on appeal. A motion for dismissal or for judgment of nonsuit made at the close of the plaintiff’s evidence and not renewed at the close of all the evidence is waived. Earnhardt v. Clement,…