Supreme Court of North Carolina September 5, 1896 (Rumbough v. . Young)

FaiRCLoth, O. J.:

We were not favored with an argument, and upon examination of the record we find the only question was whether the plaintiff had a right to a judgment of non-suit on his own motion, after his Honor had intimated that he could not recover, at the close of his evidence. The defendant objected to a non-suit on the ground that the parties had prayed for affirmative relief.