William A. WARREN
v.
A. P. WINFREY, Jr., and Clement C. Bell, Trading as Clinton Motor Company.

David J. Turlington, Jr., Clinton, for plaintiff, appellant.

Butler & Butler, Clinton, for defendants, appellees.

PER CURIAM.

"The power of the court to grant an involuntary nonsuit is altogether statutory and must be exercised in accord with the statute. G.S. § 1-183." Ward v. Cruse, 234 N.C. 388, 67 S.E.2d 257, 258.

G.S. § 1-183 provides that "When on trial of an issue of fact in a civil action *482 * * *, the plaintiff has introduced his evidence and rested his case, the defendant may move * * * for judgment as in case of nonsuit."

The court had no power to nonsuit the case before plaintiff rested his case. For this error plaintiff is entitled to a new trial. In the state of the record the questions discussed in the briefs are not presented for decision.

Reversed.

JOHNSON, J., not sitting.