{
  "id": 8552373,
  "name": "RACHEL B. HICE CREASMAN v. FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HENDERSONVILLE AND KENNETH YOUNGBLOOD, Substitute Trustee",
  "name_abbreviation": "Creasman v. First Federal Savings & Loan Ass'n",
  "decision_date": "1970-12-16",
  "docket_number": "No. 7028SC643",
  "first_page": "182",
  "last_page": "183",
  "citations": [
    {
      "type": "official",
      "cite": "10 N.C. App. 182"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 142,
    "char_count": 1918,
    "ocr_confidence": 0.562,
    "pagerank": {
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      "percentile": 0.7711793235821857
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    "sha256": "d636b4f3ae19a7bf892e99c88846ee3e11216a69e2a179c7450245e1c6eb77df",
    "simhash": "1:c36d290d2e58d087",
    "word_count": 312
  },
  "last_updated": "2023-07-14T19:51:53.441044+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Parker and Graham concur."
    ],
    "parties": [
      "RACHEL B. HICE CREASMAN v. FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HENDERSONVILLE AND KENNETH YOUNGBLOOD, Substitute Trustee"
    ],
    "opinions": [
      {
        "text": "MALLARD, Chief Judge.\nAt the close of the plaintiff\u2019s evidence in this action to declare void a note and deed of trust, the court allowed the defendants\u2019 motion \u201cfor an involuntary dismissal with prejudice\u201d on the grounds that there was insufficient evidence to go to the jury.\nIn a case tried to a jury, after a plaintiff has put on evidence and rested, a defendant who asserts that the evidence of the , plaintiff is insufficient to permit a recovery is restricted to making a motion for a directed verdict under Rule 50 (a) of the Rules of Civil Procedure. Under Rule 50, a motion for a directed verdict must state the grounds therefor.\nIn the case before us the defendants\u2019 motion was \u201cfor dismissal and (sic) grounds of insufficient evidence to go to the jury.\u201d (Emphasis added.) The defendants used the words \u201cdismissal and grounds\u201d when they should have used \u201cdirected verdict on the grounds.\u201d However, the defendants stated grounds entitling them to a directed verdict. The failure to use the words \u201cdirected verdict\u201d is not fatal to their motion.\nWe hold that the trial judge was correct in allowing the motion.\nAffirmed.\nJudges Parker and Graham concur.",
        "type": "majority",
        "author": "MALLARD, Chief Judge."
      }
    ],
    "attorneys": [
      "Cecil C. Jackson, Jr., for plaintiff appellant.",
      "Prince, Youngblood, Massagee & Groce by Boyd B. Massagee, Jr., for defendant appellees."
    ],
    "corrections": "",
    "head_matter": "RACHEL B. HICE CREASMAN v. FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HENDERSONVILLE AND KENNETH YOUNGBLOOD, Substitute Trustee\nNo. 7028SC643\n(Filed 16 December 1970)\nRules of Civil Procedure \u00a7 50\u2014 motion for directed verdict \u2014 motion for \u201cdismissal\u201d\nDefendants\u2019 motion for \u201cdismissal\u201d on grounds of insufficient evidence to go to the jury, rather than for a \u201cdirected verdict,\u201d held not fatal where the defendants stated grounds entitling them to a directed verdict. G.S. 1A-1, Rule 50.\nAppeal by plaintiff from Superior Court Judge Hasty, 16 March 1970 Schedule A Session of Superior Court held in Buncombe County.\nCecil C. Jackson, Jr., for plaintiff appellant.\nPrince, Youngblood, Massagee & Groce by Boyd B. Massagee, Jr., for defendant appellees."
  },
  "file_name": "0182-01",
  "first_page_order": 206,
  "last_page_order": 207
}