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ELLIOTT v. GOSS

No. 453.

119 S.E.2d 192 (1961)

254 N.C. 508

Effie ELLIOTT, Ed Elliott and Parthenia Elliott, v. Julia Ann McCall GOSS, Administratrix of Sam McCall, deceased, and individually; Maggie McCall Baldwin, Georgianna McCall Allsbrook and Henry McCall and R. S. Boger and wife, Louanna Boger.

Supreme Court of North Carolina.

April 19, 1961.

Attorney(s) appearing for the Case

Defendants (other than R. S. Boger and wife) appealed.

Barrett & Wilson, Carthage, and Johnson & Johnson, Aberdeen, for plaintiffs.

E. J. Burns, Carthage, for defendants-appellants.

PER CURIAM.

This case was here at a prior term. Elliott v. Goss, 250 N.C. 185, 108 S.E.2d 475. The decision of this Court on the former appeal sustained a demurrer to the complaint but permitted plaintiffs to amend.

Plaintiffs filed an amended complaint. Defendants demurred on the ground that the amended complaint does not state a cause of action. The trial court overruled the demurrer. In...

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