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GUINN v. KINCAID

No. 309.

116 S.E.2d 380 (1960)

253 N.C. 228

Brenda GUINN, by her Next Friend, Fred Guinn, v. Claude Lafayette KINCAID, Marshall L. Kincaid and Billy Joe Singleton.

Supreme Court of North Carolina.

October 19, 1960.

Attorney(s) appearing for the Case

Byrd & Byrd, Morganton, for plaintiff.

James C. Smathers, Hickory, for defendant Singleton.

Patton & Ervin, Morganton, for defendants Kincaid.

PER CURIAM.

In the case of Boles v. Graham, 249 N.C. 131, 105 S.E.2d 296, this Court said: "Appeal does not lie from an order overruling a demurrer in any case except where it is interposed as a matter of right for misjoinder of parties and causes. Prior to trial on the merits, an order overruling a demurrer for failure to state a cause of action can be...

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