UNITED STATES FIRE INS. CO. v. PARKS

No. 236.

80 S.E.2d 641 (1954)

239 N.C. 680

UNITED STATES FIRE INS. CO. v. PARKS et al.

Supreme Court of North Carolina.

March 17, 1954.


Attorney(s) appearing for the Case

Trivette, Holshouser & Mitchell, North Wilkesboro, for plaintiff-appellee.

Hayes & Hayes and E. James Moore, North Wilkesboro, "for defendant-appellants.


PER CURIAM.

We have heretofore fully discussed the law as it relates to the question here presented. Any further discussion at this time could add nothing to what we have already said. It comes to this: Even though the motion is made in the court below as a matter of right, the appellant, on appeal, must show prejudicial error in the ruling thereon by the trial judge, whether the motion is allowed or denied.

The new matter alleged in the answer and stricken...

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