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NAGLE v. BOSWORTH

No. 91.

102 S.E.2d 447 (1958)

248 N.C. 93

G. W. NAGLE, Jr., v. Herbert BOSWORTH.

Supreme Court of North Carolina.

March 26, 1958.

Attorney(s) appearing for the Case

Williams & Williams, William C. Morris, Jr., Asheville, for plaintiff appellee.

McLean, Gudger, Elmore & Martin, Asheville, for defendant appellant.

WINBORNE, Chief Justice.

Among the assignments of error defendant, appellant, stresses for error several portions of the charge, particularly with respect to the burden of proof,—all of which it would seem arise out of the difficulty in submitting the case on the first issue as it relates to both allegations of the complaint, and as affirmative defenses of defendant, upon the first issue, that is, upon one issue rather than two or more. For instance, the court...

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