Supreme Court of North Carolina November 19, 1958 (Hinshaw v. Joyce)

PeR Curiam.

The only assignments of error are the refusal to allow plaintiff’s motions to nonsuit the counterclaim and the refusal to set aside the verdict as contrary to the weight of the evidence.

The motion to nonsuit made at the close of defendant’s evidence was waived when plaintiff offered evidence for the purpose of defeating the counterclaim. G.S. 1-183.