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

  1. Kelly v. International Harvester CompanySupreme Court of North Carolina · 1971
  2. Clark v. ScheldSupreme Court of North Carolina · 1961
  3. Lowe v. FutrellSupreme Court of North Carolina · 1967
  4. Tallent Ex Rel. Tallent v. TalbertSupreme Court of North Carolina · 1958

3Cited by6 opinions

  1. Kuykendall v. TurnerCourt of Appeals of North Carolina · 1983
  2. Citrini v. GoodwinCourt of Appeals of North Carolina · 1984
  3. Paccar Financial Corp. v. Harnett Transfer, Inc.Court of Appeals of North Carolina · 1981
  4. Assaad v. ThomasCourt of Appeals of North Carolina · 1987
  5. Furr v. CarmichaelCourt of Appeals of North Carolina · 1986

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