CLARK v. BUTTS

No. 19.

83 S.E.2d 885 (1954)

240 N.C. 709

Annie CLARK v. Johnnie BUTTS and Mary Trafton Butts.

Supreme Court of North Carolina.

October 13, 1954.


Attorney(s) appearing for the Case

M. B. Simpson, Jr., Elizabeth City, for plaintiff-appellee.

J. W. Jennette, Elizabeth City, for defendants-appellants.


WINBORNE, Justice.

The assignments of error, determinative of this appeal, as brought forward and discussed together in brief of attorney for defendants appellants, are based upon exceptions Numbers 1 and 2 to denial of their motions for judgment as of nonsuit aptly made, and upon exception Number 6 to the refusal of the court to give peremptory instruction for negative answer to third issue.

In this connection, taking the evidence offered upon trial in Superior...

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