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HUNNICUTT v. SHELBY MUTUAL INSURANCE COMPANY

No. 91.

122 S.E.2d 74 (1961)

255 N.C. 515

Lawrence H. HUNNICUTT v. SHELBY MUTUAL INSURANCE COMPANY, of Shelby, Ohio. Patricia Ann HUNNICUTT, by her Next Friend, Lawrence H. Hunnicutt v. SHELBY MUTUAL INSURANCE COMPANY, of Shelby, Ohio.

Supreme Court of North Carolina.

October 18, 1961.

Attorney(s) appearing for the Case

Van Winkle, Walton, Buck & Wall, Herbert L. Hyde and Roy W. Davis, Jr., Asheville, for defendant-appellant.

Fisher, Fowler & Sigman and Willson & Riddle, Asheville, for plaintiffs-appellees.

BOBBITT, Justice.

Before evidence was offered, defendant demurred ore tenus to each complaint on the ground the facts alleged did not state a cause of action. Specifically, they pointed out plaintiffs' allegation that the 1947 Chevrolet, operated by Huskey on the occasion of the collision, "was owned by either John Robert Huskey, his mother or some other member of his household." Thereupon, this entry was made: "Court: Let the record show I overruled the demurrer...

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