WILLIAMSON v. VARNER

No. 527.

114 S.E.2d 92 (1960)

252 N.C. 446

James Ivey WILLIAMSON v. James Hal VARNER and Lula Luther Saunders.

Supreme Court of North Carolina.

April 27, 1960.


Attorney(s) appearing for the Case

H. Wade Yates, Asheboro, for appellant James Hal Varner.

No counsel contra.


RODMAN, Justice.

The sole question now for consideration is the correctness of the ruling nonsuiting the counterclaim of Varner. The judgment entered at the September Term on Varner's motion dismissing plaintiff's action against Varner did not affect Varner's claim against plaintiff. Varner's cause of action stated as a counterclaim remained on the docket and required a determination. G.S. § 1-183.1.

Varner cannot recover from plaintiff unless plaintiff...

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