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KELLY v. WILLIS

No. 311.

78 S.E.2d 711 (1953)

238 N.C. 637

KELLY v. WILLIS.

Supreme Court of North Carolina.

November 25, 1953.

Attorney(s) appearing for the Case

C. R. Wheatly, Jr., Beaufort, for plaintiff, appellant.

Luther Hamilton and Luther Hamilton, Jr., Morehead City, for defendant, appellee.

ERVIN, Justice.

The appeal is concerned solely with the propriety of the compulsory nonsuit.

The statute codified as G.S. § 68-23 provides that "if any person shall allow his livestock to run at large within the limits of any county, township or district in which a stock law prevails or shall prevail pursuant to law, he shall be guilty of a misdemeanor, and fined not exceeding fifty dollars or imprisoned not exceeding thirty days." This enactment is clearly...

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