Legal Opinion
Odell v. Lipscomb
Court of Appeals of North Carolina
Decided September 15, 1971No. 7118SC545PublishedCited by 6 opinions
1Opinion of the Court
PARKER, Judge.
The court discharged the jury when it failed to reach a verdict. Within ten days thereafter the trial judge on his own motion directed a verdict. This procedure was authorized by Rule 50(b) (1) of the Rules of Civil Procedure, which contains the following:
“Not later than ten (10) days after entry of judgment or the discharge of the jury if a verdict was not returned, the judge on his own motion may, with or without further notice and hearing, grant, deny, or redeny a motion for directed verdict made at the close of all the evidence that was denied or for any reason was not…
2Cases cited4 opinions
- Kelly v. International Harvester CompanySupreme Court of North Carolina · 1971
- Clark v. ScheldSupreme Court of North Carolina · 1961
- Lowe v. FutrellSupreme Court of North Carolina · 1967
- Tallent Ex Rel. Tallent v. TalbertSupreme Court of North Carolina · 1958
3Cited by6 opinions
- Kuykendall v. TurnerCourt of Appeals of North Carolina · 1983
- Citrini v. GoodwinCourt of Appeals of North Carolina · 1984
- Paccar Financial Corp. v. Harnett Transfer, Inc.Court of Appeals of North Carolina · 1981
- Assaad v. ThomasCourt of Appeals of North Carolina · 1987
- Furr v. CarmichaelCourt of Appeals of North Carolina · 1986
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