Supreme Court of North Carolina, 1960

House v. State Hospital Insurance

House v. State Hospital Insurance
Supreme Court of North Carolina · Decided March 16, 1960
252 N.C. 189; 113 S.E.2d 201; 1960 N.C. LEXIS 405

House v. State Hospital Insurance

Opinion of the Court

PER CuRiam.

Defendant argues the court erred in setting the verdict aside because, as it contends, there was no evidence on which the jury could have returned a verdict in favor of plaintiff. In this manner it seeks to review the court’s ruling in overruling the motion to nonsuit. No judgment has been rendered against defendant. It may not, by challenging the exercise of the court’s discretion in setting the verdict aside, present for determination the correctness of the court’s ruling on the motion to nonsuit. White v. Keller, 242 N.C. 97, 86 S.E. 2d 795; Byrd v. Hampton, 243 N.C. 627, 91 S.E. 2d 671.

Appeal dismissed.

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