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OWENS v. VONCANNON

No. 524.

111 S.E.2d 700 (1959)

251 N.C. 351

R. G. OWENS and A. G. Maness, v. Lonnie VONCANNON and wife, Doris Voncannon, Leonard Voncannon and Alma S. Brown.

Supreme Court of North Carolina.

December 16, 1959.

Attorney(s) appearing for the Case

Miller & Beck, Asheboro, for plaintiffs, appellees.

Don Davis and Ottway Burton, Asheboro, for defendant Alma S. Brown, appellant.

BOBBITT, Justice.

There is no controversy as to what Sam W. Miller did as appellant's purported "attorney of record." Appellant's motion presented for determination these questions of fact: 1. Did she, directly or through Lonnie Voncannon, authorize Sam W. Miller to file answer in her behalf? 2. If so, did she, directly or through Lonnie Voncannon, authorize Mr. Miller to consent to the judgment of November 25, 1957? As to burden of proof, see Gardiner v. May, 172...

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