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WIMBERLY v. PARRISH

No. 461.

117 S.E.2d 472 (1960)

253 N.C. 536

Della Bullock WIMBERLY et al. and such others of the Heirs at Law of the Late J. M. Bullock, Deceased, who may desire to come and make themselves parties Plaintiff herein v. Charles V. PARRISH, Percy J. Parrish, Carlie F. Parrish, William Parrish, Woodrow Parrish, Ruby P. Hedrick and Alice P. Raynor, Heirs at Law of James Mayion Parrish, Deceased.

Supreme Court of North Carolina.

December 14, 1960.

Attorney(s) appearing for the Case

Dupree & Strickland, by Franklin T. Dupree, Angier, Dupree, Weaver, Horton & Cockman, by F. T. Dupree, Jr., Raleigh, for plaintiffs, appellants.

William B. Oliver, Fuquay Springs, Thomas A. Banks, for defendants, appellees.

HIGGINS, Justice.

When, at the close of the evidence, the court intimated it would give the jury peremptory instructions to find for the defendants, the plaintiffs then had the option of waiting for the instructions, excepting to them and to the judgment and then appeal. Or, they could submit to a nonsuit and appeal. They chose the latter course. The procedure followed is amply supported by our decisions. Justice Denny, in Rochlin v. P. S. West Construction Co., ...

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