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ERICKSON v. STARLING

No. 453.

71 S.E.2d 384 (1952)

235 N.C. 643

ERICKSON et al. v. STARLING et al.

Supreme Court of North Carolina.

June 11, 1952.

Attorney(s) appearing for the Case

Lassiter, Leager & Walker, Raleigh, for the plaintiffs, appellants.

Smith, Leach & Anderson and Douglass & McMillan, Raleigh, for the defendants, H. C. Starling, Earle Jones, and Ruth I. Page, individually and as trustees, and Ruth I. Page, executrix of the estate of B. F. Page, appellees.

Brassfield & Maupin, Raleigh, for the defendants, W. H. King Drug Co., Peabody Drug Company, Mrs. H. E. Craven, Fred T. Craven, William M. Craven, Henry E. Craven, Jr., Mrs. J. D. Kase, and J. Ben Coppedge, appellees.

Ehringhaus & Ehringhaus, Raleigh, for the defendant, Carolina Surgical Supply Co., appellee.

ERVIN, Justice.

Courts are created to try causes. A trial is the examination before a competent tribunal, according to the law of the land, of the issues between the parties in a cause, whether they be issues of law or of fact, for the purpose of determining such issues. G.S. § 1-170; Cooney v. Cooney, 25 Cal.2d 202, 153 P.2d 334; Finn v. Spagnoli, 67 Cal. 330, 7 P. 746; Tregambo v. Comanche Mill & Mining Co., 57 Cal. 501; Breed v. Hobart, 187 Mo. 140, 86...

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