206 N.C. 567
174 S.E 451
Supreme Court of North Carolina
Decided May 23, 1934
Supreme Court of North Carolina · decided 1934-05-23
Good law ✅— No negative treatment on recordhow we know
Decided 1934-05-23
Cited by 5 later decisions — most recently October 1960
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1 Nonsuit under the Hinsdale Act, C. S., 567, is permissible only on demurrer to the evidence, and not on demurrer to the complaint or motion for judgment on the pleadings. Riley v. Stone, 169 N. C., 421, 86 S. E., 348.
¶2 The record shows no demurrer to the complaint. Seawell v. Cole, 194 N. C., 546, 140 S. E., 85.
¶3 Nor was it according to precedent, simply upon reading the pleadings, to dismiss the action on the defendant’s plea of estoppel. Batson v. Laundry, ante, 371.
¶4 Beversed.