Creasman v. FIRST FEDERAL SAVINGS & LOAN ASS'N

SHARP, Justice.

This case was tried before a jury. In nonjury trials the motion for nonsuit has been replaced by the motion for a dismissal under G.S. 1A-1, Rule 41(b) ; in jury trials, by the motion for a directed verdict under G.S. 1A-1, Rule 50(a). In a jury trial, the motion for a directed verdict is now the only procedure by which a party can challenge the sufficiency of his adversary’s evidence to go to the jury. Cutts v. Casey, 278 N.C. 390, 180 S.E. 2d 297. Defendant, therefore, mislabeled its motion when it moved “for dismissal on the grounds of insufficient evidence to go to the…