1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 178 S.E.2d
  5. 178 S.E.2d 113 (1970)
 

BRYANT v. KELLY

No. 703DC439.

178 S.E.2d 113 (1970)

10 N.C. App. 208

Mary Alice BRYANT v. Hayward KELLY, Jr., and Claretha Simmons Kelly, Linster O. Simmons and wife, Blanchie Simmons, Raymond C. Simmons and wife, Reather Simmons, Randolph Simmons and wife, Ethel Simmons, and Kadell Simmons and wife, Louise M. Simmons, Robert H. Simmons and wife, Fannie Simmons, Cleo Roosevelt Simmons, and Charlie Edward Simmons.

Court of Appeals of North Carolina.

Certiorari Allowed March 3, 1971.

Attorney(s) appearing for the Case

Brock & Gerrans by Donald P. Brock, Trenton, for plaintiff appellant.

Beaman & Kellum by Norman B. Kellum, Jr., New Bern, for defendant appellees.

Certiorari Allowed by Supreme Court March 3, 1971.

PARKER, Judge.

Motion for a directed verdict under Rule 50(a) of the Rules of Civil Procedure is proper when trial is being held before a jury. This case was tried by the judge without a jury. The appropriate motion in such case is for involuntary dismissal under Rule 41(b). Therefore, we will treat defendants' motion as a motion for an involuntary dismissal under Rule 41(b).

Rule 41(b) reads in part...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases