Worth v. . Ferguson

Citations

• 29 S.E. 574
• 122 N.C. 381
• 1898 N.C. LEXIS 266

Syllabus

<p>Trial — Evidence—Demurrer Ore Tenus — Hinsdale's Act.</p> <p>1. Under Chapter 109, Acts of 1897, the defendant is not put to liis election to move for a judgment of non-suit or proceed with his evidence under the Act unless the plaintiff has produced his evidence and rested his case. If the motion for judgment is therein refused he can note his exception and proceed as if he had made no motion.</p> <p>2. Under Chapter 109, Acts of 1897, the fact that defendant had, on a trial of an action, been allowed to introduce certain written evidence during the hearing of the plaintiff’s evidence and then demurred ore teams, did not debar him from introducing further evidence, and it was error to give judgment for the plaintiff in such case.</p>