Cole v. Hiatt, 241 N.C. 80 (1954)

Nov. 3, 1954 · Supreme Court of North Carolina

241 N.C. 80

LONNIE COLE v. CLYDE HIATT.

(Filed 3 November, 1954.)

Appeal by plaintiff from Rousseau, J., at March Term, 1954, of RANDOLPH.

Civil action for malicious prosecution.

From judgment as of involuntary nonsuit entered at tbe close of plaintiff’s evidence, be appeals.

OUway Burton for plaintiff, appellant.

Hiatt ■& Hiatt for defendant, appellee.

Per Curiam.

This appeal presents no new question or feature requiring discussion. Tbe facts are simple and tbe applicable principles of law are well established by numerous authoritative decisions of this Court. Tbe evidence adduced when liberally construed in favor of tbe plaintiff is insufficient to make out a prima facie case. Tbe judgment of nonsuit will be upheld.

Affirmed.