LYNN v. CLARK

No. 309.

113 S.E.2d 427 (1960)

252 N.C. 289

R. C. LYNN, Administrator of the Estate of David Lee Lynn, deceased, v. Mildred M. CLARK and William L. Clark, Administrator of Charles Clark, deceased.

Supreme Court of North Carolina.

April 6, 1960.


Attorney(s) appearing for the Case

W. Harold Mitchell, Valdese, and John H. McMurray, Morganton, for plaintiff.

Patton & Ervin, Morganton, for defendant Mildred M. Clark.


DENNY, Justice.

The plaintiff's first assignment of error is to the allowance of the motion of the defendant Mildred M. Clark for judgment as of nonsuit at the close of plaintiff's evidence.

In considering this assignment of error, we think it must be determined whether or not the allegations of the complaint, together with the evidence offered in support thereof, are sufficient to take the case to the jury without invoking the provisions of G.S. § 20...

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