First National Bank & Trust Co. v. Levy
Cases that cite this one
1 later published case cites this decision.
- Arnold v. Ray Charles Enterprises, Inc. (N.C. 1965)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
There was no evidence at the trial o£ this action tending to support an affirmative answer to the third issue. The burden in this issue was on the defendants, and for that reason there is no error in the instruction of the court to the jury that they should answer the third issue, “None.”
Defendants’ assignment of error cannot.be sustained.
The court may always direct a verdict against the party who has the burden of proof, if there is no evidence in his favor, as where he fails to introduce any evidence, or if the evidence offered and taken to be true fails to make out a case. McIntosh, N. C. Prac. and Proc., p. 632.
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.