EVERETT v. YOPP

No. 171.

100 S.E.2d 221 (1957)

247 N.C. 38

Annle EVERETT; Daisy E. Cosby and husband, Jefferson J. Cosby; W. B. Everett and wife, Mildred Everett; Lydia Burroughs and husband, George M. Burroughs; Clyde K. Everett and wife, Ruby Everett; Arthur A. Everett and wife, Annie Everett; Annie E. Grant and husband, J. Perry Grant; Lonnie Everett and wife, Clara Mae Everett; Nettie Louise King and husband, Benjamin J. King; Alpheus K. Everett and wife, Elizabeth Everett, v. Thomas YOPP, J. H. Hansley, Elisha King, et al.

Supreme Court of North Carolina.

October 30, 1957.


Attorney(s) appearing for the Case

Nere E. Day, Ellis & Warlick, Marion M. Godwin, Jacksonville, for plaintiffsappellants and plaintiffs-appellees.

E. W. Summersill, Jacksonville, Isaac C. Wright, Wilmington, for defendants-appellants.


WINBORNE, Chief Justice.

On Plaintiff's Appeal

In the main plaintiffs assign as error the action of the trial court in setting aside and vacating the judgments of voluntary nonsuit taken by plaintiffs before the Clerk of Superior Court of Onslow County in the actions against King and Hansley, and in abating these two actions.

In this connection it is provided in G.S. § 1-74, subd. 1 that "No action abates by the death * * * of a party * * *...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases