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ASHLEY v. JONES

No. 745.

98 S.E.2d 667 (1957)

246 N.C. 442

F. D. ASHLEY and Guy F. McCormlck, partners, operating under the firm name of Fairmont Gas Company, v. J. Wilbur JONES, trading as Jones Transfer.

Supreme Court of North Carolina.

June 7, 1957.

Attorney(s) appearing for the Case

Nance, Barrington & Collier, Fayetteville, Floyd & Floyd, Fairmont, McLean & Stacy, Lumberton, for defendant, appellant.

Varser, McIntyre, Henry & Hedgpeth, D. M. Britt, Lumberton, for plaintiffs, appellees.

HIGGINS, Justice.

This appeal presents the question whether the evidence was sufficient to go to the jury on the defendant's counterclaim. If sufficient, the order permitting the plaintiffs to take a voluntary nonsuit was error. A plaintiff has no right to get out of court to escape a counterclaim against him. If the order of the court dismissing the counterclaim is correct, after it was dismissed and out of the way the plaintiffs had the right to take a voluntary...

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