SKINNER v. JERNIGAN

No. 27.

110 S.E.2d 301 (1959)

250 N.C. 657

Percell SKINNER v. Charlie H. JERNIGAN and Eddie P. Austin Percy BROTHERS, a minor, by his father and Next Friend James Brothers, v. Charlie H. JERNIGAN and Eddie P. Austin.

Supreme Court of North Carolina.

September 23, 1959.


Attorney(s) appearing for the Case

Robert B. Lowry and John H. Hall, Elizabeth City, for plaintiffs, appellees.

LeRoy, Goodwin & Wells, Elizabeth City, for defendant, appellant Jernigan.

Walter H. Oakey, Hertford, for defendant, appellant Austin.


PARKER, Justice.

Both defendants assign as error the refusal of the trial court to dismiss both actions upon compulsory nonsuits at the close of all the evidence. G.S. § 1-183.

Counsel for the defendants strenuously contend that both actions should have been involuntarily nonsuited in the Superior Court. They made the same contention on the first appeal, and their argument on the second appeal in their brief is merely an elaboration of their argument...

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