Supreme Court of North Carolina, 1959

Hoover v. Odom

Hoover v. Odom
Supreme Court of North Carolina · Decided April 29, 1959
250 N.C. 235; 108 S.E.2d 426; 1959 N.C. LEXIS 628
Hoover v. Odom

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

Per CuRiAM.

The rule is uniformly observed in this State that a plaintiff, in an ordinary civil action, againist whom no counterclaim is asserted and no 'affirmative relief is demanded, may take a voluntary nonsuit and get out of court at any time before verdict. Everett v. Yopp, 247 N.C. 38, 100 S.E. 2d 221. The judgment of involuntary nonsuit is, therefore, set aside. The cause is remanded to the Superior Count of Randolph County where judgment of voluntary nonsuit will be entered. '

Reversed and Remanded.

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