ROBERTS v. HILL

No. 756.

82 S.E.2d 373 (1954)

240 N.C. 373

ROBERTS v. HILL et al.

Supreme Court of North Carolina.

June 4, 1954.


Attorney(s) appearing for the Case

Johnson & Randolph, Winston-Salem, for plaintiff appellant.

Spry & White, Winston-Salem, for defendant appellees.


BARNHILL, Chief Justice.

The plaintiff makes no allegation against the defendant Elsie Mae Miller. No reference is made to her in the body of the complaint. Therefore, her name, appearing in the captions of the summons and pleadings as a defendant, is mere surplusage. It should be stricken so as to keep the record straight.

While plaintiff alleges that defendant Foster was an employee of Bobby Hill, he neither alleged in his complaint nor attempted to prove...

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