Murray v. Murray

HEDRICK, Judge.

The sole question presented on this appeal is whether the trial court erred in denying the plaintiff’s motions for directed verdict and judgment notwithstanding the verdict. The plaintiff recognizes the familiar rule promulgated in Cutts v. Casey, 278 N.C. 390, 417, 180 S.E. 2d 297, 311 (1971), that the trial court cannot direct a verdict or enter judgment NOV “in favor of the party having the burden of proof when his right to recover depends upon the credibility of his witnesses.” The plaintiff relies, however, on Smith v. Burleson, 9 N.C. App. 611, 177 S.E. 2d 451 (1970), as…