Supreme Court of North Carolina, 1934

Dix-Downing v. . White

Dix-Downing v. . White
Supreme Court of North Carolina · Decided May 23, 1934 · Stagy
174 S.E. 451; 206 N.C. 567; 1934 N.C. LEXIS 247 (South Eastern Reporter)
Dix-Downing v. . White

Cases that cite this one

13 later published cases cite this decision.

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Opinion of the Court

Stagy, C. J.

Nonsuit under the Hinsdale Act, C. S., 567, is permissible only on demurrer to the evidence, and not on demurrer to the complaint or motion for judgment on the pleadings. Riley v. Stone, 169 N. C., 421, 86 S. E., 348.

The record shows no demurrer to the complaint. Seawell v. Cole, 194 N. C., 546, 140 S. E., 85.

Nor was it according to precedent, simply upon reading the pleadings, to dismiss the action on the defendant’s plea of estoppel. Batson v. Laundry, ante, 371.

Beversed.

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