METCALF v. FOISTER

No. 94.

61 S.E.2d 77 (1950)

232 N.C. 355

METCALF v. FOISTER.

Supreme Court of North Carolina.

September 20, 1950.


Attorney(s) appearing for the Case

Harkins, VanWinkle, Walton & Buck, Kester Walton, all of Asheville, for plaintiff, appellant.

Thomas A. Uzzell, Jr., Harry DuMont, Asheville, for defendant, appellee.


SEAWELL, Justice.

Since we do not find merit in exceptions not herein mentioned, we confine discussion to those most stressed by counsel for the appellant, which involve the contention that the trial court failed to explain the law arising on the evidence as required by G.S. § 1-180. The 1949 amendment to this section, relieving the trial judge of the necessity of restating the evidence except as necessary to the performance of this duty is not, at least directly...

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