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DRIVER v. EDWARDS

No. 533.

112 S.E.2d 98 (1960)

251 N.C. 650

Lucy J. DRIVER v. Henry Gibson EDWARDS, a minor, by Joe S. Edwards, Guardian ad Litem.

Supreme Court of North Carolina.

January 14, 1960.

Attorney(s) appearing for the Case

Joseph H. Levinson, James R. Pool, Smithfield, for plaintiff-appellant.

Taylor, Allen & Warren, Goldsboro, for defendant-appellee.

WINBORNE, Chief Justice.

While it is difficult to see how the plaintiff could be prejudiced by the striking of defendant's plea in bar, and plaintiff's reply thereto, assignment of error No. 1, it seems clear that assignments of error 3, 4, 5, 6 and 7, taken together, present error for which a new trial should be granted. In re Will of Yelverton, 198 N.C. 746, 153 S.E. 319; Cauley v. General American Life Ins. Co., 220 N.C. 304, 17 S.E.2d 221; State v. Broom, 222...

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