Dix-Downing v. . White

Stagy, C. J. 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. The record shows no demurrer to the complaint. Seawell v. Cole, 194 N. C., 546, 140 S. E., 85. 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. Beversed.