(DOWNLOAD) "Burris v. Shumate" by Court of Appeals of North Carolina No. 8523DC5 ~ Book PDF Kindle ePub Free
eBook details
- Title: Burris v. Shumate
- Author : Court of Appeals of North Carolina No. 8523DC5
- Release Date : January 01, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
The pivotal question we must decide is whether defendant Luther Shumate presented sufficient evidence as to his counterclaim to withstand plaintiffs' motion for directed verdict. The inherent purpose of G.S. 1A-1, Rule 50(a) motion for directed verdict is to "". . . test the legal sufficiency of the evidence to take the case to the jury and to support a verdict for plaintiffs. . . ."" Wallace v. Evans, 60 N.C. App. 145, 146, 298 S.E.2d 193, 194 (1982). When passing on a motion for a directed verdict ""the plaintiff should be given the benefit of all reasonable inferences; . . . the motion should be denied if there is a scintilla [of evidence] to support plaintiffs' prima facie case in all its constituent elements."" Wallace v. Evans, supra, at 146, 298 S.E.2d at 194. These principles are equally applicable to defendants' counterclaim. See, Cutts v. Casey, 278 N.C. 390, 180 S.E.2d 297 (1971).
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