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BIGGS v. BIGGS

No. 19.

116 S.E.2d 178 (1960)

253 N.C. 10

James Maurice BIGGS, by His Next Friend, Jim Biggs, Plaintiff, v. Norma Jean BIGGS, by Her Guardian ad litem, Nora Weiters, Defendant.

Supreme Court of North Carolina.

September 21, 1960.

Attorney(s) appearing for the Case

Sanford W. Brown, Asheville, for defendant, appellant.

Styles & Styles, Asheville, for plaintiff, appellee.

MOORE, Justice.

(1) Defendant assigns as error the failure of the court to nonsuit the action.

At the close of plaintiff's evidence defendant moved for nonsuit. The motion was overruled and defendant excepted. Thereafter defendant introduced evidence and plaintiff offered evidence in rebuttal. At the close of all the evidence there was no renewal of the motion to nonsuit. Defendant assigns as error both the refusal...

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