CUTHBERTSON v. BURTON

No. 238.

111 S.E.2d 604 (1959)

251 N.C. 457

Mrs. Eula CUTHBERTSON v. Robert BURTON, Defendant, and Excell R. Cuthbertson, Additional Defendant.

Supreme Court of North Carolina.

December 16, 1959.


Attorney(s) appearing for the Case

Kennedy, Covington, Lobdell & Hickman, Charlotte, for additional defendant, appellant.

John H. Small, Charlotte, for defendant appellee.


RODMAN, Justice.

Judge Sharp correctly refused to allow the motion of additional defendant. The amended answer asserts an affirmative defense requiring proof. Burton has not by demurrer challenged the asserted defense and thereby admitted the facts alleged. The amended answer merely pleads the asserted release and not the order or judgment pursuant to which the release was executed. Judge Huskins both authorized and directed payment of $1,800 and acceptance...

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