Tbe power of tbe Superior Court to grant an involuntary nonsuit is altogether statutory and did not exist prior to tbe passing of tbe statute in 1897 (Hinsdale Act), Riley v. Stone, 169 N. C., 421, 86 S. E., 348; and since tbe allowance of a motion for judgment as of nonsuit is thus based upon purely statutory grounds, tbe requirement of tbe statute, now G. S., 1-183, must be strictly followed. Therefore, where a defendant fails to move for a judgment as of nonsuit at tbe close of tbe plaintiff’s evidence, bis motion therefor at the close of all tbe *41 evidence cannot be granted, as the right to demur to the evidence is waived. Jones v. Insurance Co., 210 N. C., 559, 187 S. E., 169.

Tbe defendants having failed to lodge their motion for dismissal of the action and for a judgment as in case of nonsuit when the plaintiff had introduced his evidence and rested his case, the granting of such a motion after all the evidence on both sides was in was unauthorized and error, for which the judgment ’below must be

Reversed.